CKC v Children’s Guardian [2016] NSWCATAD 236

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CKC v Children's Guardian [2016] NSWCATAD 236 Hearing dates: 24 May 2016 Date of orders: 19 October 2016 Decision date: 19 October 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member M O'Halloran, General Member Decision: The orders are as follows: (1) The decision of the Children's Guardian dated 20 December 2015 to refuse to grant the applicant a working with children check clearance is set aside. (2) In substitution for that decision the following decision is made: The applicant is granted a working with children check clearance. Catchwords: Administrative Law - review under s27 Child Protection (Working with Children) Act 2012 - refusal of working with children check clearance - the correct and preferable decision – corporal punishment of children – whether the applicant poses a risk to the safety of children – decision set aside. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 (NSW) Interpretation Act 1987 Cases Cited: AHV v NSW Commission for Children and Young People [2012] NSWADT 263 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BJB v The Children's Guardian (No 2) [2014] NSWCATAD 163 BYR v Children's Guardian [2013] NSWADT 310 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53; (2006) 231 CLR 1 R v Commission for Children and Young People [2002] NSWIRComm 101 Category: Principal judgment Parties: CKC (Applicant) Children's Guardian (Respondent) Representation: Counsel: I Fraser (Respondent)