CDD v Children’s Guardian [2016] NSWCATAD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CDD v Children's Guardian [2016] NSWCATAD 85 Hearing dates: 29 January 2016 Date of orders: 05 May 2016 Decision date: 05 May 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member B Field, General Member Decision: 1. The decision of the Children's Guardian dated 29 July 2015 to refuse to grant the applicant a working with children check clearance is set aside.

2. In substitution, the respondent is to grant the applicant a working with children check clearance. Catchwords: Administrative Law - review under s27 Child Protection (Working with Children) Act 2012 - refusal of working with children check clearance – correct and preferable decision – sexual assault charges dismissed – whether applicant a real and appreciable risk to children. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 (NSW) Interpretation Act 1987 Cases Cited: AHV v NSW Commission for Children and Young People [2012] NSWADT 263 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BJB v The Children's Guardian (No 2) [2014] NSWCATAD 163 Commission for Children and Young People v FZ [2011] NSWCA 111 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53; (2006) 231 CLR 1 R v Commission for Children and Young People [2002] NSWIRComm 101 Category: Principal judgment Parties: CDD (Applicant) Children's Guardian (Respondent) Representation: Counsel: L Andelman (Applicant) A Douglas-Baker (Respondent)