CHR v Children’s Guardian [2016] NSWCATAD 188

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CHR v Children's Guardian [2016] NSWCATAD 188 Hearing dates: 20 April 2016, 3 May 2016 Date of orders: 22 August 2016 Decision date: 22 August 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member M Bolt, General Member Decision: (1) The respondent's decision made on 19 November 2015 to refuse the applicant a 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: ADMINISTRATIVE REVIEW – child protection - working with children check clearance – review of decision of the respondent to refuse the applicant's application for a clearance following a risk assessment – applicant charged with offences of indecent assault and sexual assault twenty years ago – applicant acquitted on appeal - whether the applicant poses a real and appreciable risk to children Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 Child Protection (Working With Children) Act 2012 Civil and Administrative Tribunal Act 2012 Crimes Act 1900 Cases Cited: BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164 BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 BSR v Office of the Children's Guardian [2015] NSWCADTAD 264 Commissioner for Children and Young People v FZ [2011] NSWCA 111 Holbrook and Australian Postal Commission (1983) 5 ALN N46, [1983] AATA 40 M v M [1988] HCA 68; (1988) 166 CLR 69 Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139, (1980) 44 FLR 41, [1980] FCA 85 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53; (2006) 231 CLR 1 Category: Principal judgment Parties: CHR (Applicant) Children's Guardian (Respondent) Representation: Counsel: T O'Brien (Applicant) G Mahoney (Respondent)