CHZ v Children’s Guardian [2017] NSWCATAD 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CHZ v Children's Guardian [2017] NSWCATAD 120 Hearing dates: 20 September 2016 Date of orders: 24 April 2017 Decision date: 24 April 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member, J Goodman-Delahunty, General Member Decision: The decision of the Children's Guardian dated 13 November 2015 to refuse the applicant's Working With Children Check clearance is set aside. In substitution for that decision, the following decision is made: The applicant is granted a Working With Children Check clearance. Catchwords: Administration Law – s27 of the Child Protection (Working with Children) Act 2012 – refusal of Working With Children Check clearance – criminal record – domestic violence – anger management strategies – approved as a foster carer. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Interpretation Act 1987 Cases Cited: AHV v NSW Commission for Children and Young People [2012] NSWADT 263 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BYR v Children's Guardian [2013] NSWADT 310 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 R v Commission for Children and Young People [2002] NSWIRComm 101 Category: Principal judgment Parties: CHZ (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)