CSH v Children’s Guardian [2017] NSWCATAD 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CSH v Children's Guardian [2017] NSWCATAD 148 Hearing dates: 27 February 2017 Date of orders: 10 May 2017 Decision date: 10 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: R C Titterton, Senior Member S Davison, General Member Decision: The respondent's decision to cancel the applicant's Working With Children Check clearance is affirmed. Catchwords: WORKING WITH CHILDREN – Working with children check clearance – Review of decision to cancel applicant's clearance – Applicant convicted of two common assaults against wife – Applicant not working - Whether applicant poses a risk to children – Whether applicant's criminal record includes apprehended violence orders made against him - Whether s 30(1A) of Child Protection (Working with Children) Act 2012 (NSW) applies in circumstances – Whether a reasonable person would allow child to have direct and unsupervised contact with applicant Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Prohibited Employment) Act 1998 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v NSW Office of the Children's Guardian [2014] NSWCATAD 111 BKE v Office of the Children's Guardian [2015] NSWSC 523 BSR v Office of the Children's Guardian [2015] NSWCATAD 264 BVM v Children's Guardian [2016] NSWCATAD 65 CFJ v Children's Guardian [2016] NSWCATAD 62 CHB v Children's Guardian [2016] NSWCATAD 214 CJT v Office of the Children's Guardian [2016] NSWSC 738 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V (2002) 56 NSWLR 476; [2002] NSWSC 949. R v Commission for Children and Young People [2002] NSWlRComm 101 Office of the Children's Guardian v CFW 2016] NSWSC 1406 YG & GG v Minister for Community Services [2002] NSWCA 247 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: CSH (Applicant) Children's Guardian (Respondent) Representation: The applicant represented himself.