Children’s Guardian v BRL [2016] NSWSC 1206

Supreme Court New South Wales

Medium Neutral Citation: Children's Guardian v BRL [2016] NSWSC 1206 Hearing dates: 17, 18 August 2016 Date of orders: 18 August 2016 Decision date: 18 August 2016 Jurisdiction: Common Law - Administrative Law Before: Fagan J Decision: 1. The summons is dismissed. 2. The plaintiff is to pay the defendant's costs. Catchwords: ADMINISTRATIVE LAW – appeal against decision of Civil and Administrative Tribunal – decision to set aside refusal by Children's Guardian of a working with children clearance – whether applicant posed a risk to safety of children – whether hearsay evidence of untried allegations admissible – absence of witnesses for cross-examination – rules of evidence not applicable – denial of procedural fairness Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working With Children) Act 2012 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Cases Cited: BRL v Children's Guardian [2016] NSWCATAD 27 Commissioner for Children and Young People v V [2002] NSWSC 949 Commissioner for Children and Young Persons v FZ [2011] NSWCA 111 FZ v Commissioner for Children and Young Persons [2010] NSWSC 1144 Category: Principal judgment Parties: Children's Guardian (Plaintiff) BRL (Defendant) Representation: Counsel: Ms Victoria Hartstein (Plaintiff) Ms Larissa Andelman (Defendant)