CGC v Children’s Guardian [2016] NSWCATAD 116

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CGC v Children's Guardian [2016] NSWCATAD 116 Hearing dates: 18 May 2016 Date of orders: 10 June 2016 Decision date: 10 June 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J Anderson, Senior Member R Royer, General Member Decision: (1) The decision of the Children's Guardian to refuse to grant the Applicant a working with children check clearance is set aside. (2) The Applicant is granted a working with children check clearance. Catchwords: ADMINISTRATIVE LAW – review under section 27 Child Protection (Working with Children) Act 2012 – refusal of Working with Children Check clearance – where Applicant has previous convictions for offences of violence not involving children - no recent convictions – long history of employment and involvement in sporting clubs - whether the Applicant poses a risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: Commission for Children and Young People v V [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 11 YG and GG v Minister for Community Services [2002] NSWCA 247 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Office of the NSW Children's Guardian [2015] NSWSC 523 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 M v M [1988] HCA 68; 166 CLR 69 Category: Principal judgment Parties: BWV (Applicant) NSW Office of the Children's Guardian (Respondent) Representation: S Lawrence (Applicant) E Yam (Respondent) File Number(s): 1510700 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the name of the Applicant and the name of any other person from which the name of the Applicant could be identified is not to be published or broadcast without the leave of the Tribunal.