BXW v Children’s Guardian [2015] NSWCATAD 266

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BXW v Children's Guardian [2015] NSWCATAD 266 Hearing dates: 8 September 2015 Date of orders: 17 December 2015 Decision date: 17 December 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member M Bolt General Member Decision: (1) The decision of the respondent is set aside. (2) The respondent is to grant the applicant a working with children clearance. Catchwords: WORKING with children – Protective jurisdiction – child protection – workplace finding – inappropriate behaviour – allegations of grooming – professional boundaries – whether applicant poses real and appreciable risk – safety of children – admissibility of evidence – weight Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: Commission for Children and Young People v FZ [2011] NSWCA 111 CCC v Office of the Children's Guardian (No 2) [2015] NSWSC 905 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 R v Commission for Children and Young People [2002] NSWIR Comm 101 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 ADV v Commission for Children and Young People [2012] NSWADT 8 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 M v M [1988] HCA 68; 166 CLR 59 BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 Category: Principal judgment Parties: BXW (Applicant) Office of the Children's Guardian (Respondent) Representation: Counsel: P Singleton (Applicant) V Hartstein (Respondent)