CMD v Children’s Guardian [2017] NSWCATAD 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CMD v Children's Guardian [2017] NSWCATAD 150 Hearing dates: 10, 11 October 2016 Date of orders: 12 May 2017 Decision date: 12 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Hon G Mullane ACDC Principal Member; A Limbury General Member Decision: 1. The decision of the Children's Guardian of 25 February 2016 refusing to issue CMD with a Working with Children Check Clearance is affirmed.

2. Publication or broadcast, without the leave of the Tribunal, of the name or other identifying information of any child referred to in the proceedings is prohibited. Catchwords: Working with Children Check Clearance; criminal charges dismissed, refusal of clearance , Review of decision, refusal affirmed. Legislation Cited: Administrative Decisions Review Act 1997 Adoption Act 2000 Child Protection (Working With Children) Act 2012 Child Protection Legislation Amendment Act 2015 Cases Cited: BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164; BKV v Children's Guardian [2015] NSWCATAD 65 BSR v Office of the Children's Guardian [2015] NSWCATAD 264 CDX v Children's Guardian [2016] NSWCATAD 17 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission For Children and Young People v V [2002] NSWSC 949 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CSR 1 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Category: Principal judgment Parties: CMD (Applicant) Children's Guardian (Respondent) Representation: Counsel: R Mathur (Applicant) I Fraser (Respondent)