CFW v Children’s Guardian [2016] NSWCATAD 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CFW v Children's Guardian [2016] NSWCATAD 76 Hearing dates: 12 November 2015 Date of orders: 20 April 2016 Decision date: 20 April 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member R Royer, General Member Decision: (1) The decision of the Respondent is set aside. (2) The respondent is to grant the applicant a Working with Children clearance. Catchwords: CHILD Protection – Working with Children – Risk Assessment – Whether applicant poses a risk to children – Real and appreciable risk – Whether individual intentionally viewed material – Whether material sought out – Whether evidence sufficient to make a positive finding – Whether in absence of finding applicant poses a risk. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Child Protection (Prohibited Employment) Act 1998(Repealed) Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Crimes Amendment (Child Pornography) Bill 2004 Cases Cited: Children and Young People v FZ [2011] NSWCA 111 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 R v Commission for Children and Young People [2002] NSWIRComm 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 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BKE v Children's Guardian [2015] NSWSC 523 M v M (1988) 166 CLR (HCA) Category: Principal judgment Parties: CFW (Applicant) Children's Guardian (Respondent) Representation: Counsel: B. Fogarty (Applicant) V. Harstein (Respondent)