BRL v Children’s Guardian [2016] NSWCATAD 27

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BRL v Children's Guardian [2016] NSWCATAD 27 Hearing dates: 8 October 2015 Date of orders: 10 February 2016 Decision date: 10 February 2016 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. Catchwords: CHILD protection – Working with children – Protective jurisdiction – Whether any real and appreciable risk – denial of allegation s – Character evidence – Positive finding – Absence of finding – Finding as to risk Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Child Protection (Prohibited Employment) Act 1998(Repealed) Civil and Administrative Tribunal Act 2013 Cases Cited: Children and Young People v FZ [2011] NSWCA 111 BJB v Office of the Children's Guardian [2014]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] NSWIRComm 101 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 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 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BKE v Children's Guardian [2015] NSWSC 523 M v M (1988) 166 CLR (HCA) Category: Principal judgment Parties: BRL (Applicant) Office of the Children's Guardian (Respondent) Representation: Counsel: L Andelman (Applicant) J Harris (Respondent)