CMP v Children’s Guardian [2016] NSWCATAD 285

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CMP v Children's Guardian [2016] NSWCATAD 285 Hearing dates: 13 July 2016 Date of orders: 02 December 2016 Decision date: 02 December 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member R Royer, General Member Decision: The respondent's decision made on 19 February 2016 to refuse the applicant's application for a working with children check clearance is affirmed. Catchwords: WORKING WITH CHILDREN – working with children check clearance – review of decision to refuse the applicant's application for a clearance – in 1992 the applicant, a former teacher, was charged with an offence of aggravated indecent assault against a child – charge was subsequently withdrawn and dismissed - whether the applicant poses a risk to children Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 Crimes Act 1900 (NSW) Cases Cited: BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 BFX v Children's Guardian [2014] NSWCATAD 115 BSR v Office of the Children's Guardian [2015] NSWCADTAD 264 BVM v Children's Guardian [2016] NSWCATAD 65 CFJ v Office of the Children's Guardian [2016] NSWSC 1625 Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 M v M [1988] HCA 68; (1988) 166 CLR 69 Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139, (1980) 44 FLR 41, [1980] FCA 85 Office of the Children's Guardian v CFW [2016] NSW SC 1406 Category: Principal judgment Parties: CMP (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Kumar (Respondent)