CHN v Children's Guardian [2016] NSWCATAD 294

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CHN v Children's Guardian [2016] NSWCATAD 294 Hearing dates: 11 November 2016 Date of orders: 15 December 2016 Decision date: 15 December 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: E Connor, Senior Member P Foreman, General Member Decision: (1) The decision of the Children's Guardian dated 6 November 2015 to refuse to grant the applicant a Working with Children Check clearance is set aside. (2) In substitution of that decision the respondent is to grant the applicant a Working with Children Check clearance. Catchwords: ADMINISTRATIVE LAW-refusal of working with children check clearance-acts of indecency as child-anti-social behaviour as adult-assessment of risk Legislation Cited: Administrative Decisions Review Act 1997(NSW) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Children and Young Persons (Care and Protection) Act 1998(NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Commission for Children and Young People v FZ [2011] NSWCA 111 Gaskell v Denkas Building Services Pty Limited [2008] NSWCA 35 Jones v Dunkel [1959] 101 CLR 298 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) [1981] 3 ALD 88 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: CHN (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Higgins (Applicant) P Singleton (Respondent)