CLH v Children's Guardian [2016] NSWCATAD 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CLH v Children's Guardian [2016] NSWCATAD 142 Hearing dates: 10 June 2016 Date of orders: 10 June 2016 Decision date: 10 June 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: E Connor, Senior Member P Foreman, General Member Decision: (1) The decision of the Children's Guardian dated 15 February 2016 to refuse to grant the applicant a Working with Children Check clearance is set aside. (2) In substitution thereof the respondent is to grant the applicant a Working with Children Check clearance. Catchwords: ADMINISTRATIVE LAW- working with children check clearance- violent offences as juvenile - common assault – assessment of risk Legislation Cited: Administrative Decisions Review Act 1997(NSW) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Children and Young Persons (Care and Protection) Act 1998(NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Cases Cited: Commission for Children and Young People v FZ [2011] NSWCA 111 Re Control Investments Pty Ltd v Australian YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: CLH (Applicant) Children's Guardian (Respondent) Representation: Counsel: L Alderman (Applicant) A Douglas-Baker (Respondent)