CVD v Children’s Guardian [2017] NSWCATAD 224

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CVD v Children's Guardian [2017] NSWCATAD 224 Hearing dates: 19 June 2017 Date of orders: 19 June 2017 Decision date: 19 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Hon G Mullane ADC, Principal Member Dr B Field, General Member Decision: (1) The decision of the Children's Guardian in its letter of 30 September 2016 to CVD refusing his application for a Working With Children Check Clearance is set aside.

(2) The Children's Guardian must grant CVD a Working With Children Check Clearance.

(3) Publication or broadcast of the name or other identifying information of CVD or of any child referred to in the reasons is prohibited. Catchwords: Child Protection – Application for Working with children Check Clearance – where children's guardian conducts assessment and refuses clearance- Review of refusal by Tribunal – where applicant when 12 charged with indecent assault of 2 year old child, but charge withdrawn – whether applicant poses risk to the safety of children. Legislation Cited: Child Protection (Working with Children) Act 2012; Crimes Act 1900; Child Protection (Prohibited Employment) Act, 1998 Administrative Decisions Review Act 1997 Cases Cited: Children and Young People v V [2002] NSWSC 949 Texts Cited: Nil Category: Principal judgment Parties: CVD (Applicant) Children's Guardian (Respondent) Representation: Counsel: P Epstein (Applicant) M Giacomo (Respondent)