CDF v Wesley Dalmar, CLE v Children’s Guardian [2016] NSWCATAD 187

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CDF v Wesley Dalmar, CLE v Children's Guardian [2016] NSWCATAD 187 Hearing dates: On the papers Date of orders: 19 August 2016 Decision date: 19 August 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: (1) The application of CDF is dismissed. (2) The application of CLE is dismissed. Catchwords: ADMINISTRATIVE REVIEW – identification of decision the subject of review – whether that decision is a reviewable decision – the applicants for review were a husband and wife – both were authorised as out-of-home cares and were holders of a working with children check clearance (clearance) – the husband was subsequently charged with a number of "disqualifying offences" prescribed in Schedule 2 of the Child Protection (Working with Children) Act 2012 – the husband's clearance was cancelled by the Children's Guardian – the charges laid against the husband were subsequently withdrawn and he sought review of the decision to cancel his clearance. After the husband lodged his application for review the Children's Guardian imposed an interim bar on him. The wife also sought review of a decision to suspend her clearance and authorisation – applications for review were misconceived Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Community Services (Complaints, Review and Monitoring) Act 1993 Crimes Act 1900 Children and Young Person (Care and Protection) Regulation Category: Procedural and other rulings Parties: CDF (Applicant - 1610099) CLE (Applicant - 1610100) Wesley Dalmar (Respondent - 1610099) Children's Guardian (Respondent - 1610100) Representation: Counsel: A Douglas-Baker (Respondent - Children's Guardian)