CHJ v Children’s Guardian [2017] NSWCATAD 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CHJ v Children's Guardian [2017] NSWCATAD 113 Hearing dates: 1 September 2016, 25 November 2016 Date of orders: 10 April 2017 Decision date: 10 April 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer (Senior Member) P Foreman (General Member) Decision: (1) The decision of the respondent, dated 6 November 2015, to refuse to grant the applicant a Working With Children Check clearance is affirmed. (2) The application is dismissed Catchwords: CHILD Protection – Working with children – Findings in respect of criminal allegations – Evidence – Weight of evidence – Fairness to party – Proposed adverse finding -No presumption of risk s27 – Credibility of applicant. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Child Protection (Prohibited Employment) Act 1998(Repealed) Civil and Administrative Tribunal Act 2013 Interpretation Act 1987 Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 Briginshaw v Briginshaw [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 King v Collins [2007] NSWCA 122 L v The Commissioner for Children and Young People and anor [2008] NSWIRComm 195 Office of the Children's Guardian v CFW [2016] NSWSC 1406 R v Commission for Children and Young People [2002] NSWIRComm 101 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88 Category: Principal judgment Parties: CHJ – Applicant Office of the Children's Guardian - Respondent Representation: Counsel: B Regener – Applicant V Hartstein - Respondent