CEV v Children’s Guardian [2017] NSWCATAD 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CEV v Children's Guardian [2017] NSWCATAD 10 Hearing dates: 21 September 2016 Date of orders: 13 January 2017 Decision date: 13 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member R Royer, General Member Decision: (1) The decision of the Children's Guardian dated 24 August 2015 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 – Inability to test evidence – Absence of witness statements – Absence of trial transcript - Weight of evidence in absence of testing of evidence – Fairness to party – 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 BYR v Children's Guardian [2013] NSWADT 310 CBN v Children's Guardian [2016] NSWCATAD 240 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 R v Commission for Children and Young People [2002] NSWIRComm 101 Category: Principal judgment Parties: CEV (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Douglas-Baker (Respondent)