CFY v Children’s Guardian [2016] NSWCATAD 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CFY v Children's Guardian [2016] NSWCATAD 150 Hearing dates: 23 March 2016 Date of orders: 13 July 2016 Decision date: 13 July 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member R Royer, General Member Decision: (1) The decision of the Children's Guardian dated 6 October 2015 to refuse the applicant's Working with Children Check clearance is set aside.

(2) In substitution for that decision, the following decision is made: The applicant is granted a Working with Children Check clearance. Catchwords: Administrative Law - s27 of the Child Protection (Working with Children) Act 2012 - refusal of working with children check clearance – allegations of sexual abuse – allegations of physical abuse - whether the applicant poses a risk to the safety of children. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Interpretation Act 1987 Cases Cited: AHV v NSW Commission for Children and Young People [2012] NSWADT 263 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BYR v Children's Guardian [2013] NSWADT 310 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 R v Commission for Children and Young People [2002] NSWIRComm 101 Category: Principal judgment Parties: CFY (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Neville (Applicant) I Fraser (Respondent)