BWF v Children's Guardian [2016] NSWCATAD 295

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BWF v Children's Guardian [2016] NSWCATAD 295 Hearing dates: 17 December 2015 Date of orders: 17 December 2015 Decision date: 17 December 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: Hon G Mullane ADCJ Principal Member Dr P Foreman General Member Decision: The decision of the Children's Guardian refusing to provide the applicant with a Working with Children Check Clearance is set aside: and The Children's Guardian must issue the applicant with a Working with Children Check Clearance Catchwords: Child Protection – Working with Children – review of decision of Children's Guardian to refuse clearance Legislation Cited: Child Protection (Working with Children) Act 2012; Administrative Divisions Review Act 1997; Child Protection Legislation Amendment Act 2015; Adoption Act 2000; Child Protection (Prohibited Employment) Act, 1998 Cases Cited: Commission For Children and Young People –v- V [2002] NSWSC 949 Texts Cited: Nil Category: Principal judgment Parties: BWF (Applicant) The Children's Guardian (Respondent) Representation: Solicitor: M Koslowski (Applicant) Counsel: M Neville (Respondent) File Number(s): 1510238 Publication restriction: Order 11June 2015:Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013, it is prohibited to disclose, publish or broadcast the name, any information which might tend to identify the name, of any person named in these proceedings or in any document filed in the proceedings such as the Applicant , any partner of the Applicant, any child (whether that person is a child now or was a child when the relevant document was created or incident occurred) any victim, any non-expert witness, and any person who has made a risk of harm report to the Department of Family and Community Services or its predecessors.