CJT v Office of the Children’s Guardian [2016] NSWSC 738

Supreme Court New South Wales

Medium Neutral Citation: CJT v Office of the Children's Guardian [2016] NSWSC 738 Hearing dates: 8 April 2016 Decision date: 08 June 2016 Before: Fullerton J Decision: 1. The amended summons is dismissed. 2. The plaintiff is to pay the defendant's costs. Catchwords: ADMINISTRATIVE LAW – judicial review – child protection – working with children – real and appreciable risk Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: BKE v Office of Children's Guardian and Anor [2015] NSWSC 523 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 M v M [1988] HCA 68; 166 CLR 59 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Category: Principal judgment Parties: CJT (Plaintiff) Office of the Children's Guardian (Defendant) Representation: Counsel: G Mahony (Defendant)

Solicitors: In person with agent (Plaintiff) Crown Solicitor for NSW (Defendant) File Number(s): 2015/349994 Publication restriction: Non-publication order re plaintiff's name Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2015] NSWCATAD 246 Date of Decision: 24 November 2015 Before: J McAteer Senior Member File Number(s): 1510190