CBN v Children’s Guardian [2016] NSWCATAD 240

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CBN v Children's Guardian [2016] NSWCATAD 240 Hearing dates: 12 May 2016 Date of orders: 26 October 2016 Decision date: 26 October 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member E Hayes, General Member Decision: (1) The decision of the respondent dated 4 February 2015 to refuse to grant the applicant a 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: CHILD Protection – Working with children – Findings in respect of criminal allegations – Evidence – Application to exclude evidence – Inability to test evidence – Absence of witness – No information of availability of witness – Weight of evidence in absence of testing of evidence – Fairness to party – No presumption of risk s27 Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Child Protection (Prohibited Employment) Act 1998(Repealed) Civil and Administrative Tribunal Act 2013 Criminal Records Act 1991 Cases Cited: Children and Young People v FZ [2011] NSWCA 111 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 R v Commission for Children and Young People [2002] NSWIRComm 101 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 Re: Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88. Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BKE v Children's Guardian [2015] NSWSC 523 J v Lieschke [1987] HCA 4; (1987) 162 CLR 447 Children's Guardian v BRL [2016] NSWSC 1206 M v M (1988) 166 CLR (HCA) Office of the Children's Guardian v CFW [2016] NSWSC 1406 Category: Principal judgment Parties: CBN (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)