BXU v Children’s Guardian [2016] NSWCATAD 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BXU v Children's Guardian [2016] NSWCATAD 35 Hearing dates: 18 November 2015 Date of orders: 23 February 2016 Decision date: 23 February 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: L Organ, Senior Member Emeritus Professor P Foreman, General Member A Limbury, General Member Decision: The decision of the respondent is set aside. Pursuant to s18(2) of the Child Protection (Working with Children) Act 2012, the respondent is to grant the applicant a working with children check clearance. Catchwords: Administrative Law - review under s27 Child Protection (Working with Children) Act 2012 - refusal of working with children check clearance –criminal charges dismissed- the correct and preferable decision - whether the applicant poses a risk to the safety of children. 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 Crimes Act 1900 Public Sector Management Act 1988 Cases Cited: BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 Commission for Children and Young People v V [2002] NSWSC 949 BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] Re Eckersley and Minister for Capital Territory (1979) 2 ALD 303 Holbrook and Australian Postal Commission (1983) 5 ALN N46 Minister for Immigration and Ethnic Affairs v Pochi(1980) 4 ALD 139; BJB No. 2 M v M [1988] HCA 68 BKE v Children's Guardian [2015] NSWSC 523 Category: Principal judgment Parties: BXU (Applicant) Children's Guardian (Respondent) Representation: Counsel: C McGorey (Respondent)