CKY v Children’s Guardian [2017] NSWCATAD 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CKY v Children's Guardian [2017] NSWCATAD 28 Hearing dates: 11 July 2016 Date of orders: 16 January 2017 Decision date: 16 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member R Royer, General Member Decision: (1) Time is extended within which the applicant is to lodge his application to 9 February 2016

(2) The decision of the respondent, made on 6 January 2016, to refuse the applicant's application for a working with children check clearance is affirmed. Catchwords: ADMINISTRATIVE REVIEW – review of decision of the respondent to refuse the applicant's application for a working with children check clearance – respondent determined, following a risk assessment under s 15 of the Child Protection (Working with Children) Act 2012, that she was satisfied the applicant posed a risk to the safety of children – the applicant was subject to a risk assessment as a matter specified in Sch 1 of that Act applied to him – the matters were charges laid in 2006 for an offence of sexual assault and assault occasioning actual bodily harm – the offences involved a child – applicant found not guilty of the offences – whether the circumstances surrounding the alleged offences gave rise to a risk to the safety of children and whether that risk remained as at the date of hearing. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 Crimes Act 1900 (NSW) Cases Cited: BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 BFX v Children's Guardian [2014] NSWCATAD 115 BSR v Office of the Children's Guardian [2015] NSWCADTAD 264 BVM v Children's Guardian [2016] NSWCATAD 65 Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 Eckersley and Minister for Capital Territory (1979) 2 ALD 303; [1979] AATA 59 Holbrook and Australian Postal Commission (1983) 5 ALN N46, [1983] AATA 40 M v M [1988] HCA 68; (1988) 166 CLR 69 Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139, (1980) 44 FLR 41, [1980] FCA 85 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53; (2006) 231 CLR 1 Category: Principal judgment Parties: CKY (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Giacomo (Respondent)