CJD v Children’s Guardian [2016] NSWCATAD 243

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CJD v Children's Guardian [2016] NSWCATAD 243 Hearing dates: 27 May 2016 Date of orders: 31 October 2016 Decision date: 31 October 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member M Bolt, General Member Decision: (1) The decision of the Children's Guardian dated 20 November 2015 to refuse to grant the applicant a Working with Children check clearance is affirmed. (2) The application for review of the decision of the Children's Guardian filed 14 December 2015 is otherwise refused and dismissed. Catchwords: CHILD protection – Working with children- Absence of positive finding – Existence of risk – Real and appreciable risk – Similarity of allegations – Pattern of allegations Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Commission for Children and Young People Act 1998 Crimes Act 1900 Crimes Sentencing Procedure Act 1999 Cases Cited: Commission for Children and Young People v FZ [2011] NSWCA 111 CCC v Office of the Children's Guardian (No 2) [2015] NSWSC 905 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] NSWIR Comm 101 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 Bronze Wing Ammunition Pty Limited v SafeWork NSW (No 2) [2016] NSWSC 988 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 ADV v Commission for Children and Young People [2012] NSWADT 8 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 M v M [1988] HCA 68; 166 CLR 59 BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 BLD v NSW Office of the Children's Guardian [2015] NSWCATAD2 CGA v Children's Guardian [2016] NSWCATAD 241 Category: Principal judgment Parties: CJD (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)