CET v The Children's Guardian [2016] NSWCATAD 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CET v The Children's Guardian [2016] NSWCATAD 68 Hearing dates: 1 February 2016 Date of orders: 13 April 2016 Decision date: 13 April 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Mullane ADCJ, Principal Member E Hayes, General Member Decision: (1) The decision of the Children's Guardian of 10 September 2015 refusing grant the applicant a Working With Children Check Clearance is confirmed;

(2) Any interim order is discharged;

(3) Otherwise the Applicant's Application of 7 October 2015 is dismissed;

(4) Publication or broadcast of the name or other identifying information of a child referred to in the judgment or of the applicant, or disclosure of the name or other identifying information of the school, is prohibited, except by leave of the Tribunal. Catchwords: Child protection – working with children- sexual conversations held risk to safety of children.- Legislation Cited: Child Protection (Working with Children) Act 2012; Administrative Decisions Review Act 1997 Cases Cited: M v M [1988] HCA 68; BKE v Children's Guardian [2015] NSWSC 523; Commission For Children and Young People –v- V [2002] NSWSC 949 Category: Principal judgment Parties: CET (Applicant) NSW Office of Children's Guardian (Respondent) Representation: Counsel: D McGorey (Respondent)

Solicitors: Emil Ford Lawyers (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 1510623 Publication restriction: Publication or broadcast of the name or other identifying information of a child referred to in the judgment or of the applicant, or disclosure of the name or other identifying information of the school, is prohibited, except by leave of the Tribunal