CWG v Children’s Guardian [2017] NSWCATAD 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CWG v Children's Guardian [2017] NSWCATAD 99 Hearing dates: 23 February 2017 Date of orders: 23 February 2017 Decision date: 31 March 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Roberts, Senior Member M Bolt, General Member Decision: (1) The decision of the Children's Guardian dated 22 November 2016 to refuse to grant the applicant a Working with Children Check clearance is set aside.

(2) In substitution for that decision, the following decision is made: The applicant is granted a Working with Children Check clearance. Catchwords: ADMINISTRATIVE LAW – review under section 27 Child Protection (Working with Children) Act 2012 (NSW) – refusal of working with children check clearance – what the correct and preferable decision is having regard to the material before the Tribunal – whether the applicant poses a risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 NSW) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Prohibited Employment) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Commission for Children and Young People Act 1998 (NSW) Cases Cited: BJB v NSW Office of the Children's Guardian (No. 2) 2014 NSWCAT 164 BKE v Office of Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw (1938) 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 CFJ v Children's Guardian [2016] NSWCATAD 62 CFJ v Office of the Children's Guardian [2016] NSWSC 1625 Children's Guardian v BRL [2016] NSWSC 1206 Commissioner for Children and Young People v FZ [2011] NSWCA 11 BSR v Office of the Children's Guardian [2015] NSWCATAD 264 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 M v M (1988) 166 CLR 69 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) (1981) ALD 88 Category: Principal judgment Parties: CWG (Applicant) Children's Guardian (Respondent) Representation: Counsel: Mr D Lestal (Applicant) Mr L Karp (Respondent) Solicitors: Santone Lawyers (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2016/00378534, 1610782 Publication restriction: Section 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW) – Restriction against the publication or broadcast of information that will identify the applicant, any victims, witnesses or evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons