Children’s Guardian v CKF [2017] NSWSC 893

Supreme Court New South Wales

Medium Neutral Citation: Children's Guardian v CKF [2017] NSWSC 893 Hearing dates: 15 June 2017 Date of orders: 07 July 2017 Decision date: 07 July 2017 Jurisdiction: Common Law Before: Davies J Decision: (1) Vary the orders made by the Tribunal on 4 January 2017 so that they provide:

(a) Set aside the decision of the respondent dated 15 December 2015 cancelling the applicant's Working with Children Check clearance;

(b) Order that the respondent issue to the applicant a Working with Children Check clearance.

(2) The Summons is otherwise dismissed.

(3) The Plaintiff is to pay the Defendant's costs. Catchwords: ADMINISTRATIVE LAW – judicial review – appeal from decision of New South Wales Civil and Administrative Tribunal – Working with Children Clearance – allegations that Defendant sexually interfered with his children – no criminal charges brought against Defendant – Children's Guardian cancelled Clearance – Tribunal reinstated Clearance -whether Tribunal misapplied the statutory test in s 23(1) of the Child Protection (Working with Children) Act – whether Defendant posed risk to the safety of children – whether Tribunal failed to give adequate reasons – whether Tribunal failed to take into account the seriousness of the allegations against the Defendant Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW Cases Cited: BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 BSR v Office of the Children's Guardian [2015] NSWCATAD 264 CKF v Children's Guardian [2017] NSWCATAD 6 Commission for Children and Young People v V [2002] NSWSC 949 M v M (1988) 166 CLR 69; [1988] HCA 68 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Politis v Commissioner of Taxation (1988) 16 ALD 707; (1988) 88 ATC 5029; (1988) 20 ATR 108 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWCA 112 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 77 ALJR 1165; [2003] HCA 30 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 216 CLR 212 Repatriation Commission v O'Brien (1985) 155 CLR 422 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Category: Principal judgment Parties: Children's Guardian (Plaintiff) CKF (Defendant) Representation: Counsel: G Mahoney (Plaintiff) B Kaplan (Defendant)