BXQ v Children’s Guardian [2016] NSWCATAD 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BXQ v Children's Guardian [2016] NSWCATAD 102 Hearing dates: 18 February 2016 Date of orders: 25 May 2016 Decision date: 25 May 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member M O'Halloran, General Member Decision: 1. The decision of the Children's Guardian dated 11 May 2015 to refuse to grant the applicant a working with children check clearance is set aside. 2. In substitution, the applicant is granted 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 - the correct and preferable decision – corporal punishment of children – application not opposed - whether the applicant poses a risk to the safety of children. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Category: Principal judgment Parties: BXQ (Applicant) Children's Guardian (Respondent) Representation: Counsel: L Andelman (Applicant) V Hartstein (Respondent)

Solicitors: Legal Aid Commission of NSW (Applicant) Crown Solicitors (Respondent) File Number(s): 1510329 Publication restriction: Section 64 (1) Civil and Administrative Tribunal Act 2013 - Restriction on publication of information that will identify the applicant, any victims, witnesses or evidence given and received in this Tribunal hearing or in relation to the proceedings which is likely to identify those persons.