CMA v Children’s Guardian [2016] NSWCATAD 264

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CMA v Children's Guardian [2016] NSWCATAD 264 Hearing dates: 26 October 2016 Date of orders: 21 November 2016 Decision date: 21 November 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: M Hitter, Senior Member P Foreman, General Member Decision: (1) The decision of the Children's Guardian to cancel the Applicant's Working with Children Clearance is set aside

(2) In substitution of that decision, the following decision is made: the Applicant is granted 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: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Prohibited Employment) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v NSW Office of the Children's Guardian [2014] NSSWCATAD 164 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 CHB v Children's Guardian [2016] NSWCATAD 214 Commission for Children and Young People v FZ NSWCA 111 The Commissioner for Children and Young People v V [2002] NSWSC 949 Smith v Commissioner Police 2014 NSWCATAD 184. ZZ v Secretary to the Department of Justice [2013] VSC 267 Category: Principal judgment Parties: CMA (Applicant) Children's Guardian (Respondent) Representation: Counsel: C Parkin (Applicant) G Moore (Respondent)