CBE v Children's Guardian [2016] NSWCATAD 29

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CBE v Children's Guardian [2016] NSWCATAD 29 Hearing dates: 17 November 2015 Date of orders: 18 February 2016 Decision date: 18 February 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Mullane ADCJ, Principal Member M O'Halloran, General Member Decision: 1. The Decision of the Children's Guardian of 4 May 2015 refusing the grant the applicant a Working With Children Check Clearance is set aside; and 2. The Children's Guardian must issue the applicant with a Working with Children Check Clearance; and 3. Broadcast or publication of the name(s) or other identifying information of the applicant or his wife of any child or the applicant's wife or any person who accompanied the applicant in about March 1996 on a camping trip to Yarramundi is prohibited. Catchwords: Review of refusal to grant working with children check clearance - sexual assault charge – found not guilty. Legislation Cited: Child Projection (Working with Children) Act 2012 Crimes Act 1900 Administrative Decisions Review Act 1997 Cases Cited: Commission For Children and Young People v V [2002] NSWSC 949 Category: Principal judgment Parties: CBE (Applicant) Children's Guardian (Respondent) Representation: Counsel: P Lowson (Respondent)

Solicitors: CBE (Applicant in Person) Crown Solicitor's Office (Respondent) File Number(s): 1510340 Publication restriction: Broadcast or publication of the name(s) or other identifying information of the applicant or his wife or any person who accompanied the applicant in about March 1996 on a camping trip to Yarramundi is prohibited.