CLR v Children’s Guardian [2017] NSWCATAD 158

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CLR v Children's Guardian [2017] NSWCATAD 158 Hearing dates: 24 October, 9 December 2016 Date of orders: 19 May 2017 Decision date: 19 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member E Hayes, General Member Decision: (1) The decision of the Children's Guardian dated 2 February 2016 to refuse to grant the applicant a Working With Children Check clearance is set aside.

(2) In substitution for that decision, the following decision is made: the applicant is granted a Working With Children Check clearance. Catchwords: CHILD Protection – working with children – negligent driving – whether intentional - no presumption of risk – assessment of risk – whether reasonable person would allow applicant direct contact with children – public interest – no real and appreciable risk to the safety of children. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection Legislation Amendment Act 2015 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: AHV v NSW Commission for Children and Young People [2012] NSWADT 263 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BYR v Children's Guardian [2013] NSWADT 310 CBN v Children's Guardian [2016] NSWCATAD 240 CHB v Children's Guardian [2016] NSWCATAD 214 CMA v Children's Guardian [2016] NSWCATAD 264 Children's Guardian v BRL [2016] NSWSC 1206 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Director of Public Prosecution v Smith (1991) VR 6 FZ v Commissioner for Children and Young People [2010] NSWCC 1201 R v Commission for Children and Young People [2002] NSWIRComm 101 Category: Principal judgment Parties: CRL (Applicant) Children's Guardian (Respondent) Representation: Counsel: H Grace (Applicant) V Hartstein (Respondent)