CFK v Office of the Children’s Guardian [2017] NSWSC 460

Supreme Court New South Wales

Medium Neutral Citation: CFK v Office of the Children's Guardian [2017] NSWSC 460 Hearing dates: 12 April 2017 Date of orders: 24 April 2017 Decision date: 24 April 2017 Jurisdiction: Common Law Before: Schmidt J Decision: (1) The appeal is dismissed. (2) Unless the parties approach to be heard within 7 days, CFK is to bear the Guardian's costs, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – appeal against NSW Civil and Administrative Tribunal decision re working with children check clearance – whether the Tribunal was bound to accept expert opinion that the applicant posed a low risk of sexual abuse – whether there was a denial of procedural fairness – whether there was failure to give reasons for rejection of expert opinion – whether Tribunal was entitled to reach different conclusions to that reached by the Court of Criminal Appeal – applicant had not pursued counselling and had not disclosed acquittal to employers – whether Tribunal's decision was irrational and illogical – no legal errors established – appeal dismissed Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Cases Cited: BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 Briginshaw v Briginshaw (1988) 60 CLR 336 at 362; [1938] HCA 34 CFK v Office of the Children's Guardian [2016] NSWCATAD 140 M v M (1988) 166 CLR 69 at 77; [1988] HCA 68 Minister for Immigration and Multicultural Affairs, Re; Ex parte Applicant S20/2002 (2003) 198 ALR 59; [2003] HCA 30 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 78 ALJR 992; [2004] HCA 32 R v War Pensions Entitlement Appeal Tribunal; ex parte Bott (1933) 50 CLR 228; [1933] HCA 30 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: CFK (Applicant) Office of the Children's Guardian (Defendant) Representation: Counsel: Ms J Webb (Applicant) Ms A Douglas-Baker (Defendant)