BWV v Children’s Guardian [2016] NSWCATAD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BWV v Children's Guardian [2016] NSWCATAD 48 Hearing dates: 8 February 2016 Date of orders: 15 March 2016 Decision date: 15 March 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J Anderson, Senior Member R Royer, General Member Decision: The decision of the Children's Guardian to refuse to grant the Applicant a Working with Children Check clearance is set aside. Catchwords: ADMINISTRATIVE LAW – review under section 27 Child Protection (Working with Children) Act 2012 – refusal of working with children check clearance – what the correct and preferable decision is having regard to the material before the Tribunal - whether the Applicant poses a risk to the safety of children – finding by reporting body – evidentiary issues. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: Commission for Children and Young People v V [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 11 YG and GG v Minister for Community Services [2002] NSWCA 247 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Office of the NSW Children's Guardian [2015] NSWSC 523 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 M v M [1988] HCA 68; 166 CLR 69 Category: Principal judgment Parties: BWV (Applicant) NSW Office of the Children's Guardian (Respondent) Representation: Counsel: Mr Lee (Respondent)