CGR v Children’s Guardian [2017] NSWCATAD 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CGR v Children's Guardian [2017] NSWCATAD 129 Hearing dates: 21 November 2016 Date of orders: 27 April 2017 Decision date: 27 April 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member S Davison, General Member Decision: The decision of the respondent, made on 7 March 2016, to cancel the applicant's working with children check clearance is affirmed. Catchwords: ADMINISTRATIVE REVIEW – review of decision of the respondent to cancel the applicant's working with children check clearance – applicant was subject to an assessment requirement trigger due to a 2015 workplace notification from the NSW Ombudsman's Office concerning an alleged failure by the applicant to make a mandatory report of an incident of alleged sexual abuse of a child in her care – following a risk assessment the respondent was satisfied the applicant posed a risk to the safety of children – on review, decision of the respondent is affirmed. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 Crimes Act 1900 (NSW) Working with Children Act 2005 (Vic) Children and Young Persons (Care and Protection) Regulation 2012 (NSW) Cases Cited: BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 BFX v Children's Guardian [2014] NSWCATAD 115 BVM v Children's Guardian [2016] NSWCATAD 65 CHB v Children's Guardian [2016] NSWCADTAD 214 Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 CTM v Children's Guardian [2016] NSWCATAD 280 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: CGR (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Neville (Applicant) G Mahoney (Respondent)