CLG v Children’s Guardian [2016] NSWCATAD 261

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CLG v Children's Guardian [2016] NSWCATAD 261 Hearing dates: 29 August 2016 Date of orders: 21 November 2016 Decision date: 21 November 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J Anderson, Senior Member M Bolt, General Member Decision: (1) The decision of the Children's Guardian to refuse to grant the applicant a Working with Children Check clearance is affirmed. (2) The disclosure of the name of the applicant and any victim or child referred to in these reasons is prohibited. Note: A reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person. Catchwords: ADMINISTRATIVE LAW – review under section 27 Child Protection (Working with Children) Act 2012 – refusal of Working with Children Check clearance – what the correct and preferable decision is having regard to the material before the Tribunal - whether the applicant poses a risk to the safety of children – where applicant has convictions for assault causing actual bodily harm to a child– whether applicant poses a risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: Commission for Children and Young People v [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 11 YG and GG v Minister for Community Services [2002] NSWCA 247 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Office of the NSW Children's Guardian [2015] NSWSC 523 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 M v M [1988] HCA 68; 166 CLR 69 Category: Principal judgment Parties: CLG (Applicant) NSW Office of the Children's Guardian (Respondent) Representation: Counsel: A Douglas-Baker (Respondent)