CPO v Children’s Guardian [2017] NSWCATAD 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CPO v Children's Guardian [2017] NSWCATAD 149 Hearing dates: 15 December 2016 Date of orders: 11 May 2017 Decision date: 11 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: R Booby Senior Member P Foreman General Member Decision: 1. The decision of the Children's Guardian dated 1 September 2015 to refuse to grant the Applicant a Working with Children Check Clearance is set aside. In substitution for the decision the following decision is made: The Applicant is granted a Working With Children Check Clearance. 2. Disclosure of the name of the Applicant and of any alleged victim or child is prohibited. Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person Catchwords: Administrative law – review under section 27 Child Protection (Working with Children) Act 2012 Working with children check – clearance – protective jurisdiction – safety and well- being of children. Applicant not guilty of trigger matters- whether Applicant poses threat to safety of children. Legislation Cited: Child Protection (Working with Children Act) 2012 NSW Crimes Act 1900 NSW Administrative Decisions Review Act 1997 NSW Civil and Administrative Tribunal Act 2013 NSW Commission for Young Children and Young People Act 1998 NSW Family Law Act 1975 (Cth) Evidence Act 1995 NSW Cases Cited: YG & GG v Minister for Community Services [2002] NSWCA 247 Commission for Children and Young People v V [ 2002] NSWSC 949. ADV v Commission for Children and Young People [2012] NSWADT 8, RD v Commissioner NSW Commission for Children and Young People [2011] NSWADT 140] RV v Commission for Children and Young People [2007] NSWADT 299 Commissioner for Children and Young People v FZ [2011] NSWCA Briginshaw v Briginshaw (1938) 60 CLR 336 Neat Holdings Pty Ltd v Karjan Holdings Pty Ltd (1992) 110 ALR 449 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53 Category: Principal judgment Parties: CPO (Applicant) Children's Guardian (Respondent) Representation: Counsel: L Doust (Applicant) V Hartstein (Respondent)