CFW v Children's Guardian [2017] NSWCATAD 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CFW v Children's Guardian [2017] NSWCATAD 102 Hearing dates: 27 February 2017 Date of orders: 31 March 2017 Decision date: 31 March 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: E Connor, Senior Member M Bolt, General Member Decision: (1) The decision of the Children's Guardian dated 12 June 2015 to refuse to grant the applicant a Working with Children Check clearance is set aside. (2) In substitution of that decision the respondent is to grant the applicant a Working with Children Check clearance. Catchwords: ADMINISTRATIVE LAW- whether applicant poses a real and appreciable risk to children – whether applicant intentionally sought out child pornography – whether in absence of finding applicant poses a risk Legislation Cited: Administrative Decisions Review Act 1997(NSW) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Children and Young Persons (Care and Protection) Act 1998(NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1990 (NSW) Evidence Act 1995 (NSW) Cases Cited: Commission for Children and Young People v FZ [2011] NSWCA 111 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) [1981] 3 ALD 88 Office of Children's Guardian v CFW [2016] NSWSC 1406 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: CFW (Applicant) Children's Guardian (Respondent) Representation: Counsel: B Fogarty (Applicant) P Singleton (Respondent)