CHQ v Children’s Guardian [2016] NSWCATAD 185

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CHQ v Children's Guardian [2016] NSWCATAD 185 Hearing dates: 31 March 2016 Date of orders: 19 August 2016 Decision date: 19 August 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: L Organ, Senior Member E Hayes, General Member Decision: (1) The decision of the Children's Guardian made 23 November 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: Child Protection-working with children check clearance-application for administrative review-correct and preferable decision-whether Applicant poses a risk to the safety of children- Children's Guardian decision set aside-working with children check clearance granted. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Child Protection (Working with Children) Act 2012(NSW) Evidence Act 1995 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 Commission for Children and Young People v V [2002] NSWSC 949 Commission for Children and Young People v FZ [2011] NSWCATAD 69 Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) (1981) 3 ALD 88 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] Re Eckersley and Minister for Capital Territory (1979) 2 ALD 303 Holbrook and Australian Postal Commission (1983) 5 ALN N46 Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139; BJB No. 2 M v M [1988] HCA 68 YG and GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: CHQ (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)