CKD v Children's Guardian [2016] NSWCATAD 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CKD v Children's Guardian [2016] NSWCATAD 169 Hearing dates: 29 June 2016 Date of orders: 28 July 2016 Decision date: 28 July 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: E Connor, Senior Member R Royer, General Member Decision: The decision of the Children's Guardian dated 20 December 2015 to refuse to grant the applicant a Working with Children Check clearance is affirmed Catchwords: ADMINISTRATIVE LAW-refusal of working with children check clearance-teen pornography- 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) Cases Cited: BGX v Children's Guardian [2014] NSWCATAD 173 BQU v Children's Guardian [2015] NSWCATAD 121 CFJ v Children's Guardian [2016] NSWCATAD 69 Commission for Children and Young People v FZ [2011] NSWCA 111 LA v Commissioner for Children and Young People [2012] NSWSC 1454 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) (1981) 3 ALD 88 Roberts v Balancio (1987) 8 NSWLR 436 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: CKD (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)