CEW v Children’s Guardian [2016] NSWCATAD 171

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CEW v Children's Guardian [2016] NSWCATAD 171 Hearing dates: 20 April 2016 Date of orders: 03 August 2016 Decision date: 03 August 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member M O'Halloran, General Member Decision: (1) The decision of the respondent 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 - review under s27 Child Protection (Working with Children) Act 2012 - refusal of working with children check clearance – the correct and preferable decision – applicant employed in a children's residential facility - 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 R v Commission for Children and Young People [2002] NSWIRComm 101 Category: Principal judgment Parties: BJC (Applicant) NSW Office of Children's Guardian Representation: Counsel D Burwood (Applicant) P Moore (Respondent)