CNQ v Children’s Guardian [2017] NSWCATAD 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CNQ v Children's Guardian [2017] NSWCATAD 7 Hearing dates: 26 August 2016 Date of orders: 26 August 2016 Decision date: 04 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Hon G Mullane ADCJ Principal Member B Field General Member Decision: (1)The decision of the Children's Guardian of 23 November 2015to refuse the applicant a Working With Children Check Clearance is affirmed. (2)Publication or broadcast of the name or other identifying information of the applicant, his wife, or any child referred to in the evidence without the leave of the Tribunal is prohibited. Catchwords: Child protection- Working with Children Check Clearance - refusal – review – risk - decision affirmed Legislation Cited: Child Protection Legislation Amendment Act 2015; Child Protection (Working With Children Act 2012; Adoption Act 2000; Crimes Act 1900; Administrative Decisions Review Act 1997 Cases Cited: M v M [1988]166 CLR 69; BKE v Office of Children's Guardian [2015] NSWSC 523; Commission For Children and Young People –v- V [2002] NSWSC 949 Category: Principal judgment Parties: CNQ (Applicant) Children's Guardian (Respondent) Representation: Counsel: Mr I Fraser (Respondent)

Solicitors: Crown Solicitor's Office (Respondent) File Number(s): 1610283 Publication restriction: Publication or broadcast of the name or other identifying information of the applicant, his wife, or any child referred to in the evidence without the leave of the Tribunal is prohibited