CNE v Children’s Guardian [2017] NSWCATAD 41

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CNE v Children's Guardian [2017] NSWCATAD 41 Hearing dates: 4 October 2016 Date of orders: 30 January 2017 Decision date: 30 January 2017 Before: J Anderson, Senior Member B Field, General Member Decision: The decision of the Children's Guardian to refuse to grant the Applicant a Working with Children Check clearance is affirmed Catchwords: ADMINISTRATIVE LAW – review under section 27 Child Protection (Working with Children) Act 2012 – refusal of Working with Children Check clearance – what the correct and preferable decision is having regard to the material before the Tribunal -– where proceedings commenced for offence of attempt to murder – not proceeded with and Applicant charged with alternative offence of use offensive weapon to commit indictable offence – history of offences of violence and significant drug use – Subsequent rehabilitation and abstinence from drugs – whether the Applicant poses a risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: Commission for Children and Young People v [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 11 YG and GG v Minister for Community Services [2002] NSWCA 247 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Office of the NSW Children's Guardian [2015] NSWSC 523 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 M v M [1988] HCA 68; 166 CLR 69 Category: Principal judgment Parties: CNE (Applicant) NSW Office of the Children's Guardian (Respondent) Representation: Counsel: A Perigo (Respondent)