CZE v Children’s Guardian [2017] NSWCATAD 185

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CZE v Children's Guardian [2017] NSWCATAD 185 Hearing dates: 17 May 2017 Date of orders: 17 May 2017 Decision date: 17 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member E Hayes, General Member Decision: 1. The decision of the Children's Guardian 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: WORKING WITH CHILDREN – Working with children check clearance – Review of decision not to grant applicant a clearance – Applicant convicted of a number of violent offences – Last offence committed about five years ago – Offences connected with applicant's substance abuse – Applicant underwent drug treatment program and no longer takes drugs – Applicant took significant steps to change conduct – Applicant in stable relationship – Whether applicant poses a risk to the safety of children – Finding that he does not. Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Child Protection Legislation Amendment Act 2015 (NSW) Cases Cited: BKE v Office of the Children's Guardian [2015] NSWSC 523 CFJ v Children's Guardian [2016] NSWCATAD 62 CJT v Office of the Children's Guardian [2016] NSWSC 738 Commission for Children and Young People v V [2002] NSWSC 949 Category: Principal judgment Parties: CZE (Applicant) Children's Guardian (Respondent) Representation: Counsel: S Free (Applicant) V Hartstein (Respondent)