CCX v Children’s Guardian [2017] NSWCATAD 64

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CCX v Children's Guardian [2017] NSWCATAD 64 Hearing dates: 16 March 2016 and 11 August 2016 Date of orders: 28 February 2017 Decision date: 28 February 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member M Bolt, General Member Decision: 1. The decision of the Children's Guardian to refuse the applicant a working with children check clearance is set aside. 2. In substitution for that decision, the Tribunal decides to grant the applicant a working with children check clearance. Catchwords: CHILD PROTECTION - Working with children – Review of refusal of application for working with children check clearance – Applicant convicted of four counts of common assault – Domestic violence offences - Whether applicant poses a real risk to children Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Child Protection Legislation Amendment Act 2015 (NSW) Child Protection (Working with Children) and Other Child Protection Legislation Amendment Act 2016 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BHV v Office of the Children's Guardian, Children's Guardian [2014] NSWCATAD 163 CFJ v Office of the Children's Guardian [2016] NSWSC 1625 CJT v Office of the Children's Guardian [2016] NSWSC 738 Commission for Children and Young People v V [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 111 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Category: Principal judgment Parties: CCX (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Higgins (Applicant) V Hartstein (Respondent)