CYA v Children’s Guardian [2017] NSWCATAD 230

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CYA v Children's Guardian [2017] NSWCATAD 230 Hearing dates: 26 May 2017 Date of orders: 20 July 2017 Decision date: 20 July 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant Senior Member Professor P Foreman General Member Decision: The Tribunal affirms the respondent's decision to refuse to grant the applicant a Working with Children Check Clearance Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – applicant charged with assaulting child – charges withdrawn by police – numerous COPS events and FACS notifications regarding safety of children in applicant's care – whether applicant poses a risk to safety of children – assessment of risk – correct and preferable decision. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Commission for Children and Young People Act 1998 Crimes Act 1900 Mental Health Act 2007 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BJB v NSW Office of the Children's Guardian [2014] NSWCATAD 111 BKE v Office of the Children's Guardian [2015] NSWSC 523 CHB v Children's Guardian [2016] NSWCATAD 214 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V (2002) 56 NSWLR 476; [2002] NSWSC 949. R v Commission for Children and Young People [2002] NSWlRComm 101 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: CYA (Applicant) Children's Guardian (Respondent) Representation: Counsel: E Windsor (Respondent)