CVI v Children’s Guardian [2017] NSWCATAD 76

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CVI v Children's Guardian [2017] NSWCATAD 76 Hearing dates: 7 February 2017 Date of orders: 14 March 2017 Decision date: 14 March 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: J Anderson, Senior Member A Limbury, General Member Decision: 1. The decision of the Children's Guardian dated 10 October 2016 to refuse to grant the applicant a working with children check clearance is affirmed. 2. The disclosure of the name of the applicant and any victim or child referred to in these reasons is prohibited. 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 offences against a child. Offences include stalking/intimidation – whether 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children Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: Commission for Children and Young People v [2002]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 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Category: Principal judgment Parties: CVI (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Giacomo (Respondent)