CGM v Children’s Guardian [2016] NSWCATAD 190

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CGM v Children's Guardian [2016] NSWCATAD 190 Hearing dates: 10 March 2016 Date of orders: 23 August 2016 Decision date: 23 August 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member M O'Halloran, General Member Decision: (1) The decision of the Children's Guardian dated 19 October 2015 to refuse to grant the applicant a Working with Children check clearance is affirmed. Catchwords: CHILD protection – Working with children- Absence of positive finding – Existence of risk – Real and appreciable risk. 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 2013 Commission for Children and Young People Act 1998 Crimes (Domestic and Personal Violence) Act 2007 Cases Cited: Commission for Children and Young People v FZ [2011] NSWCA 111 CCC v Office of the Children's Guardian (No 2) [2015] NSWSC 905 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 R v Commission for Children and Young People [2002] NSWIR Comm 101 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 ADV v Commission for Children and Young People [2012] NSWADT 8 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 M v M [1988] HCA 68; 166 CLR 59 BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 BLD v NSW Office of the Children's Guardian [2015] NSWCATAD2 Category: Principal judgment Parties: CGM (Applicant) Children's Guardian (Respondent) Representation: Counsel: I Fraser (Respondent)