CGN v Children’s Guardian [2016] NSWCATAD 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CGN v Children's Guardian [2016] NSWCATAD 138 Hearing dates: 6 May 2016 Date of orders: 06 July 2016 Decision date: 06 July 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: M Hitter, Senior Member S Davison, General Member Decision: (1) The decision of the Respondent to refuse a Working with Children Clearance is set aside. (2) The Applicant is granted a Working with Children Check clearance. Catchwords: ADMINISTRATIVE LAW – whether the applicant poses a risk to the safety of children – assessment of risk Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Crimes (Sentencing Procedure) Act 1986 Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 NSW Family Law Act 1975 (Cth) Cases Cited: BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 BQE v Children's Guardian [2015] NSWCATAD 89 The Commissioner for Children and Young People v IK [2005] NSWSC 1136 Commission for Children and Young People v FZ NSWCA 111 The Commissioner for Children and Young People v V [2002] NSWSC 949 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v NSW Office of the Children's Guardian (no 2) 2014 NSWCAT 164 Brigenshaw v Brigenshaw (1938) 60 CLR 336 Neat Holding Pty Ltd v Karjan Holdings Pty Ltd (1992) 110 ALR 449 Category: Principal judgment Parties: CGN (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Neville (Respondent)