Children’s Guardian v BQJ [2016] NSWSC 869

Supreme Court New South Wales

Medium Neutral Citation: Children's Guardian v BQJ [2016] NSWSC 869 Hearing dates: 13 May 2016 Decision date: 24 June 2016 Jurisdiction: Common Law Before: Button J Decision: (1) Appeal dismissed. (2) Costs reserved. Catchwords: APPEAL – civil – appeal from decision of New South Wales Civil and Administrative Tribunal – granting of working with children check clearance to person convicted of manslaughter of child Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW), ss 27, 28, 30(1) Children (Criminal Proceedings) Act 1987 (NSW), s 15A Civil and Administrative Tribunal Act 2013 (NSW) Sch 3, cl 17(1) Crimes Act 1900 (NSW), s 23A (historical version for 14 July 1981 to 22 April 1982) Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 BKE v Office of Children's Guardian [2015] NSWSC 523 BKV v Children's Guardian [2015] NSWSC 1602 Housing Commissioner of NSW v Tatmar Pastoral Co Pty Ltd (1983) 3 NSWLR 378 Soulemeizis v Dudley (Holdings) Pty Limited (1987) 10 NSWLR 247 Category: Principal judgment Parties: Children's Guardian BQJ Representation: Counsel: P Lowson (Plaintiff) M Johnston SC (Defendant)

Solicitors: Crown Solicitor's Office (Plaintiff) De Brennan Tomlinson Pearce (Defendant) File Number(s): 2015/330387 Publication restriction: See paragraph 15 of this judgment. Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2015] NSWCATAD 217 Date of Decision: 21 October 2015 Before: P Molony File Number(s): 1410734