CPS v Children’s Guardian [2016] NSWCATAD 237

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CPS v Children's Guardian [2016] NSWCATAD 237 Hearing dates: 30 September 2016 Date of orders: 30 September 2016 Decision date: 30 September 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: M Hitter, Senior Member M Bolt, General Member Decision: (1) The Applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012. (2) The Respondent is to grant the Applicant with a working with children check clearance. Catchwords: ADMINISTRATIVE LAW – whether the applicant poses a risk to the safety of children – assessment of risk Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Criminal Code Act 1899 (Qld) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFX v Children's Guardian [2014] NSWCATAD 115 BHA v Children's Guardian [2014] NSWCATAD 161 BJB v NSW Office of the Children's Guardian (no 2) 2014 NSWCAT 164 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 CHB v Children's Guardian [2016] NSWCATAD 214 Commissioner for Children and Young People v V [2002] NSWSC 949 Category: Principal judgment Parties: CPS (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Douglas-Baker (Respondent)