Children’s Guardian v BQP [2016] NSWSC 1099

Supreme Court New South Wales

Medium Neutral Citation: Children's Guardian v BQP [2016] NSWSC 1099 Hearing dates: 8 March 2016 Decision date: 08 August 2016 Jurisdiction: Common Law Before: Adams J Decision: 1. Summons dismissed.

2. Plaintiff to pay the costs of the defendant as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – judicial review – working with children check clearance – real and appreciable risk Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 63 Child Protection (Prohibited Employment) Act 1998 (NSW), s 9(2) Child Protection (Working with Children) Act 2014 (NSW), ss 14, 15(4), 18(2), 19, 27, 30(1) Civil and Administrative Tribunal Act 2013 (NSW), s 38 Evidence Act 1995 (NSW), s 142 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 BQP v Children's Guardian [2015] NSWCATAD 160 Commissioner for Children and Young People v FZ [2011] NSWCA 111 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53; (2006) 231 CLR 1 R v New South Wales Commission for Children and Young People [2002] NSWIRComm 101 Young People v V [2002] NSWSC 949; 56 NSWLR 476 Category: Principal judgment Parties: Children's Guardian (Plaintiff) BQP (Defendant) Representation: Counsel: V Hartstein (Plaintiff) D Burwood (Defendant)