CRJ v Children’s Guardian [2017] NSWCATAD 170

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CRJ v Children's Guardian [2017] NSWCATAD 170 Hearing dates: 15 February 2017 Date of orders: 30 May 2017 Decision date: 30 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant Senior Member A Limbury General Member Decision: The decision of the respondent to refuse a Working with Children Check Clearance is affirmed. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance - trigger offences against applicant involving a child – child being a person under 18 years - charges did not proceed – admissions by applicant – evidence – whether applicant poses a risk to the safety of children – assessment of risk. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Commission for Children and Young People Act 1998 Crimes Act 1900 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BJB v NSW Office of the Children's Guardian [2014] NSWCATAD 111 BKE v Office of the Children's Guardian [2015] NSWSC 523 CHB v Children's Guardian [2016] NSWCATAD 214 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 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: CRJ (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Giacomo (Respondent) Self-represented (Applicant) File Number(s): 2016/00378271, 1610508 Publication restriction: Section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 that the name of the applicant and the name of any other person that would identify the name of the applicant is not to be published or broadcasted without the leave of the tribunal.