BXG v Children’s Guardian [2016] NSWCATAD 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BXG v Children's Guardian [2016] NSWCATAD 56 Hearing dates: 10 November 2015 Date of orders: 30 March 2016 Decision date: 30 March 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member B Field, General Member Decision: The decision of the respondent is affirmed. Catchwords: CHILD protection – Working with children – Risk – Whether risk real and appreciable – Risk of harm – whether successfully rehabilitated – Health conditions leading to relapse – whether evidence sufficient to discount existence of real and appreciable risk – Supervised conditional access – Clearances unconditional Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Child Protection (Prohibited Employment) Act 1998 Civil and Administrative Tribunal Act 2013 Commission for Children and Young People Act 1998 Cases Cited: BJB v Office of the Children's Guardian [2014] NSWCATAD 111 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 Commission for Children and Young People v FZ [2011] NSWCA 111 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 Makita (Australia) v Sprowles 2001 NSWCA 305 Category: Principal judgment Parties: BXG (Applicant) Children's Guardian (Respondent) Representation: Counsel: P Lowsen (Respondent)