CVE v Children’s Guardian [2017] NSWCATAD 197

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CVE v Children's Guardian [2017] NSWCATAD 197 Hearing dates: 8 May 2017 Date of orders: 20 June 2017 Decision date: 20 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Roberts, Senior Member E Hayes, General Member Decision: (1) The decision of the Children's Guardian dated 21 October 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: ADMINISTRATIVE LAW – review under section 27 Child Protection (Working with Children) Act 2012 (NSW) – refusal of working with children check clearance – what the correct and preferable decision is having regard to the material before the Tribunal – whether the applicant poses a risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Prohibited Employment) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: BJB v NSW Office of the Children's Guardian (No. 2) 2014 NSWCAT 164 BKE v Office of Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw (1938) 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 CFJ v Children's Guardian [2016] NSWCATAD 62 CFJ v Office of the Children's Guardian [2016] NSWSC 1625 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 11 Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) (1981) ALD 88 Category: Principal judgment Parties: CVE (Applicant) Children's Guardian (Respondent) Representation: Counsel: Ms L Andelman (Applicant) Ms V Hartstein (Respondent)