CDE v Children’s Guardian [2016] NSWCATAD 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CDE v Children's Guardian [2016] NSWCATAD 106 Hearing dates: 12 February 2016 Date of orders: 01 June 2016 Decision date: 01 June 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: L Organ, Senior Member Dr B Field, General Member Decision: The decision of the Children's Guardian dated 13 July 2015 to refuse to grant the applicant a Working with Children Check Clearance is affirmed. Catchwords: ADMINISTRATIVE LAW-working with children check clearance-assessment of risk-applicant charged with rape and indecent assault of a child in 1981 -applicant found not guilty at trial-whether the applicant poses a risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Child Protection (Working with Children) Act 2012(NSW) Evidence Act 1995 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 Commission for Children and Young People v V [2002] NSWSC 949 BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] Re Eckersley and Minister for Capital Territory (1979) 2 ALD 303 Holbrook and Australian Postal Commission (1983) 5 ALN N46 Minister for Immigration and Ethnic Affairs v Pochi(1980) 4 ALD 139; BJB No. 2 M v M [1988] HCA 68 BKE v Children's Guardian [2015] NSWSC 523 Category: Principal judgment Parties: CDE (Applicant) Office of the Children's Guardian (Respondent) Representation: Counsel: G Mahony (Respondent)