CJB v Children’s Guardian [2016] NSWCATAD 227

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CJB v Children's Guardian [2016] NSWCATAD 227 Hearing dates: 27 June 2016 Date of orders: 11 October 2016 Decision date: 11 October 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Dr B Field, General Member Decision: The decision of the respondent, made on 13 November 2015, to refuse the applicant a working with children check clearance is affirmed. Catchwords: ADMINISTRATIVE REVIEW – child protection – review of decision of the respondent to refuse the applicant's application for a working with children check clearance – in January 2015 applicant convicted of assault of his wife and son – whether the applicant posed a real and appreciable risk to children Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Prohibited Employment) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 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 BSR v Office of the Children's Guardian [2015] NSWCADTAD 264 Commission for Children and Young People v V [2002] NSWSC 949 Eckersley and Minister for Capital Territory (1979) 2 ALD 303; [1979] AATA 59 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1; [2006] HCA 53 Category: Principal judgment Parties: CJB (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Douglas-Baker (Respondent)