CSX v Children’s Guardian [2017] NSWCATAD 228

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CSX v Children's Guardian [2017] NSWCATAD 228 Hearing dates: 15 May 2017 Date of orders: 19 July 2017 Decision date: 19 July 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Roberts, Senior Member R Royer, General Member Decision: (1) The decision of the Children's Guardian dated 26 August 2016 to cancel the applicant's Working with Children Check clearance is affirmed.

(2) The application for review of the decision of the Children's Guardian filed on 26 September 2016 is otherwise refused and dismissed. Catchwords: ADMINISTRATIVE LAW – review under section 27 Child Protection (Working with Children) Act 2012 (NSW) – cancellation of working with children check clearance – what the correct and preferable decision is having regard to the material before the Tribunal – whether the applicant used excessive force on juvenile detainees -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) Crimes Act 1900 (NSW) Commission for Children and Young People Act 1998 (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 BSR v Office of the Children's Guardian [2015] NSWCATAD 264 Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 M v M (1988) 166 CLR 69 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) (1981) ALD 88 Category: Principal judgment Parties: CSX (Applicant) Children's Guardian (Respondent) Representation: Counsel: C.K Stewart (Applicant) P Lowson (Respondent)