Office of the Children’s Guardian v CFW [2016] NSWSC 1406

Supreme Court New South Wales

Medium Neutral Citation: Office of the Children's Guardian v CFW [2016] NSWSC 1406 Hearing dates: 15 September 2016 Date of orders: 05 October 2016 Decision date: 05 October 2016 Before: Harrison J Decision: (1) Set aside the orders made by the New South Wales Civil and Administrative Tribunal on 20 April 2016 in CFW v Children's Guardian [2016] NSWCATAD 76.

(2) Remit the proceedings to the Tribunal, differently constituted, to be dealt with according to law. Catchwords: ADMINISTRATIVE LAW – judicial review – appeal from decision of New South Wales Civil and Administrative Tribunal – Working with Children clearance – whether Tribunal misapplied the statutory test in s 18(2) of the Child Protection (Working with Children) Act – whether Tribunal failed to take into account mandatory relevant considerations – possibility defendant had engaged in relevant criminal or inappropriate conduct – possibility the defendant had intentionally sought out child pornography – whether failure to take into account could have materially affected the decision Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Cases Cited: BKE v Office of Children's Guardian [2015] NSWSC 523 BSR v Office of the Children's Guardian [2015] NSWCATAD 264 CFW v Children's Guardian [2016] NSWCATAD 76 Chief Executive Officer, Department for Child Protection v Grindrod (No 2) [2008] WASCA 28 Commission for Children and Young People v V [2002] NSWSC 949 M v M (1988) 166 CLR 69; [1988] HCA 68 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164; [2010] HCA 48 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Warkworth Mining Limited v Bulga Milbrodale Progress Association Inc (2014) 86 NSLWR 527; [2014] NSWCA 105 Category: Principal judgment Parties: Office of the Children's Guardian (Plaintiff) CFW (Defendant) Representation: Counsel: C Lenehan (Plaintiff)