CPH v Children’s Guardian [2017] NSWCATAD 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CPH v Children's Guardian [2017] NSWCATAD 68 Hearing dates: 7 September 2016 Decision date: 07 March 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member E Hayes, General Member Decision: The decision of the respondent, made on 8 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 cancel the applicant's working with children check clearance – applicant convicted of three domestic violence offences in 2014 and 2015 – the respondent conducted a risk assessment after being informed of the third incident and charge - the respondent was satisfied the applicant posed a risk to the safety of children 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) Working with Children Act 2005 (Vic) Cases Cited: BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 BFX v Children's Guardian [2014] NSWCATAD 115 BVM v Children's Guardian [2016] NSWCATAD 65 CHB v Children's Guardian [2016] NSWCADTAD 214 Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 CTM v Children's Guardian [2016] NSWCATAD 280 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: CPH (Applicant) Children's Guardian (Respondent) Representation: Counsel: E Windsor (Respondent)