CHB v Children’s Guardian [2016] NSWCATAD 214

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CHB v Children's Guardian [2016] NSWCATAD 214 Hearing dates: 11 April 2016 Date of orders: 27 September 2016 Decision date: 27 September 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Dr B Field, General Member Decision: The respondent's decision to cancel the applicant's working with children check clearance is affirmed. Catchwords: WORKING WITH CHILDREN – Working with children check clearance – Review of decision to cancel applicant's clearance – Applicant convicted of common assault against her daughter – Applicant working in family day care – History of FACS intervention with applicant's own children – Previous convictions for offences involving deception - Whether applicant poses a risk to children – Whether applicant's criminal record includes apprehended violence orders made against her - Whether s 30(1A) of Child Protection (Working with Children) Act 2012 (NSW) applies in circumstances – Whether a reasonable person would allow child to have direct and unsupervised contact with applicant Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Child Protection Legislation Amendment Act 2015 (NSW) Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 Interpretation Act 1987 (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Baker v R (2004) 223 CLR 513 Bale v Mills [2011] NSWCA 226 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164 BKE v Children's Guardian (No. 2) [2016] NSWCATAD 22 BKE v Office of the Children's Guardian [2015] NSWSC 523 BVM v Children's Guardian [2016] NSWCATAD 65 CFJ v Childrens Guardian [2016] NSWCATAD 62 CJT v Office of the Children's Guardian [2016] NSWSC 738 CNR v Children's Guardian [2016] NSWCATAD 196 Cominos v Di Rico [2016] NSWCATAP 5 Commission for Children and Young People v V [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 111 Commonwealth v SCI Operations Pty Ltd (1998) 192 CLR 285 Dezfouli v Justice Health and Forensic Mental Health Network [2015] NSWCATAD 159 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Fisher v Hebburn Ltd (1960) 105 CLR 188 Howe v NSW Farmers' Association [2010] NSWADT 101 La Macchia v Minister for Primary Industry (1986) 72 ALR 23 Minister for Immigration v Roberts [2011] FMCA 77 Morgan v Davis (1962) 79 WN (NSW) 460 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 State of NSW (NSW Police Force) v Whitfield [2012] NSWADTAP 27 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: CHB (Applicant) Children's Guardian (Respondent) Representation: Counsel: L Jackson (Applicant) A Douglas Baker (Respondent)