CGB v Children’s Guardian [2017] NSWCATAD 182

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CGB v Children's Guardian [2017] NSWCATAD 182 Hearing dates: 19 December 2016 Date of orders: 09 June 2017 Decision date: 09 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member R Royer, General Member Decision: The decision of the respondent, made on 13 October 2015, to refuse the applicant's application for a working with children check clearance is affirmed. Catchwords: ADMINISTRATIVE REVIEW – working with children check clearance – review under s 27 of the Child Protection (Working with Children) Act 2012 (the Act) of a decision by the respondent to refuse the applicant's application for a clearance - following a risk assessment under s 15 of the Act, the respondent was satisfied the applicant posed a risk to the safety of children – the trigger events giving rise to the requirement of a risk assessment were two charges of aggravated sexual assault contrary to s 61J of the Crimes Act 1900 and a subsequent charge of aggravated indecent assault contrary to s 61M of the Crimes Act – a jury found the applicant not guilty of the aggravated sexual assault offences and the other charge was withdrawn and dismissed – whether on review, having regard to the factors in s 30 of the Act, the Tribunal is satisfied the applicant poses a risk to children. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 Crimes Act 1900 (NSW) Working with Children Act 2005 (Vic) Cases Cited: BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 BSR v Office of the Children's Guardian [2015] NSWCADTAD 264 Children's Guardian v BRL [2016] NSWSC 1206 Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 Eckersley and Minister for Capital Territory (1979) 2 ALD 303; [1979] AATA 59 Holbrook and Australian Postal Commission (1983) 5 ALN N46 M v M [1988] HCA 68, (1988) 166 CLR 69 Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139, (1980) 44 FLR 41, [1980] FCA 85 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53; (2006) 231 CLR 1 Category: Principal judgment Parties: CGB (Applicant) Children's Guardian (Respondent) Representation: Counsel: C McGorey (Applicant) G Moore (Respondent)