CEJ v Children's Guardian [2016] NSWCATAD 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CEJ v Children's Guardian [2016] NSWCATAD 164 Hearing dates: 27 June 2016 Date of orders: 27 June 2016 Decision date: 27 June 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Mullane ADCJ, Principal member R Royer, General Member Decision: (1) The decision of the Children's Guardian of 4 September 2015 to refuse to grant the applicant a 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: Child Protection – Working With Children – "Working With Children Check Clearance" – Appeal against refusal Legislation Cited: Child Protection (Working With Children) Act 2012; Child Protection Legislation Amendment Act 2015; Adoption Act 2000; Administrative Decisions Review Act 1997; Cases Cited: Grenfell v Director General of the Department of Finance & Services [2013] NSW ADT 57; Commission For Children and Young People –v- V [2002] NSWSC 949 Category: Principal judgment Parties: CEJ (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Neville (Respondent)

Solicitors: W Hill (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 1510585 Publication restriction: Order of 5 November 2015: Pursuant to subs 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the name of the applicant, any child (whether the person is a child now or was a child when the relevant document was created or incident occurred), any victim and the name of any person that might identify the name of the applicant, the name of a child or victim is not to be published or broadcasted without the leave of the Tribunal.