BRC v Children’s Guardian [2016] NSWCATAD 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BRC v Children's Guardian [2016] NSWCATAD 60 Hearing dates: 20 November 2015 Date of orders: 05 April 2016 Decision date: 05 April 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member D Crowley, General Member D Kelleghan, General Member Decision: 1. The decision of the Respondent is set aside. 2. The Respondent is to grant the Applicant a clearance. Catchwords: CHILD protection – Administrative law - Working with children – Risk – Whether risk real and appreciable – Risk of harm – period of time since offences - Evidence of risk to children – Absent evidence 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 Commissioner for Children and Young People Act 1998 Crimes Act 1900 Summary Offences Act 1988 Vagrants Gaming and other Offences Act 1931(Qld) 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 Category: Principal judgment Parties: BRC (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)