CLF v Children’s Guardian [2017] NSWCATAD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CLF v Children's Guardian [2017] NSWCATAD 9 Hearing dates: 23 August 2016 Date of orders: 04 January 2017 Decision date: 04 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Prof P Foreman, General Member Decision: 1 The decision of the Children's Guardian dated 8 January 2016 to refuse to grant the applicant a 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: CHILD Protection – Working with children – Findings in respect of criminal allegations – Evidence –Credibility of complainant – Inconsistency of complainant's evidence - No presumption of risk. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: AHV v NSW Commission for Children and Young People [2012] NSWADT 263 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Children's Guardian [2015] NSWSC 523 BSR v Office of the Children's Guardian [2015] NSWCATAD 264 at [41]. BYR v Children's Guardian [2013] NSWADT 310 CBN v Children's Guardian [2016] NSWCATAD 240 Children and Young People v FZ [2011] NSWCA, Children's Guardian v BQP [2016] NSWSC 109 Children's Guardian v BRL [2016] NSWSC 1206 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 FZ v Commissioner for Children and Young People [2010] NSWCC 1201 M v M (1988) 166 CLR 69; [1988] HCA 68 Office of the Children's Guardian v CFW [2016] NSWSC 1406 R v Commission for Children and Young People [2002] NSWIRComm 101 at [130]. Category: Principal judgment Parties: CLF (Applicant) Children's Guardian (Respondent) Representation: Counsel: T Edwards (Applicant) V Hartstein (Respondent)