CHK v Children’s Guardian [2016] NSWCATAD 276

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CHK v Children's Guardian [2016] NSWCATAD 276 Hearing dates: 24 June 2016 Date of orders: 28 November 2016 Decision date: 28 November 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: L Organ, Senior Member E Hayes, General Member Decision: (1) The decision of the Children's Guardian made 9 November 2015 to refuse the Applicant's Working with Children Check 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: ADMINISTRATIVE REVIEW – child protection – review of decision of the respondent to refuse the applicant's application for a working with children check clearance – applicant acquitted at criminal trial - whether the applicant posed a real and appreciable risk to children. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Child Protection (Working with Children) Act 2012(NSW) Evidence Act 1995 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 Commission for Children and Young People v V [2002] NSWSC 949 Commission for Children and Young People v FZ [2011] NSWCATAD 69 Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) (1981) 3 ALD 88 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] Re Eckersley and Minister for Capital Territory (1979) 2 ALD 303 Holbrook and Australian Postal Commission (1983) 5 ALN N46 Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139; BJB No. 2 M v M [1988] HCA 68 Office of the Children's Guardian v CFW [2016] NSWSC 1406 YG and GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: CHK (Applicant) Children's Guardian (Respondent) Representation: Counsel: P Guterres (Respondent)