CCW v Children’s Guardian [2017] NSWSC 988

Supreme Court New South Wales

Medium Neutral Citation: CCW v Children's Guardian [2017] NSWSC 988 Hearing dates: 19 July 2017 Date of orders: 27 July 2017 Decision date: 27 July 2017 Jurisdiction: Common Law Before: Davies J Decision: (1) Summons dismissed.

(2) 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 Check Clearance – Plaintiff's stepson and daughter make and withdraw allegations that he sexually assaulted them – criminal charges dropped – Plaintiff has significant criminal record and exhibits other antisocial risk factors – Children's Guardian cancelled Clearance – Tribunal confirmed decision to cancel Clearance – whether Tribunal's decision so unreasonable that no reasonable Tribunal could have made it – whether Tribunal failed to place sufficient weight on Family Court consent order giving Plaintiff custody of grandchildren – whether Tribunal erred in not finding that allegations did not occur – no error of law demonstrated – summons dismissed Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Family Law Act 1975 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 C v W [2015] NSWSC 1774 Children's Guardian v CKF [2017] NSWSC 893 Commission for Children and Young People v V [2002] NSWSC 949 Eastman v The Queen (2000) 203 CLR 1; [2000] HCA 29 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 John Prendergast and Vanessa Prendergast v Western Murray Irrigation Limited [2014] NSWCATAP 69 M v M (1988) 166 CLR 69; [1988] HCA 68 Office of the Children's Guardian v CFW [2016] NSWSC 1406 R L & D Investments P/L v Bisby & Anor [2002] NSWSC 1082; (2002) 37 MVR 479 Category: Principal judgment Parties: CCW (Plaintiff) Children's Guardian (Defendant) Representation: Counsel: L Fermanis (Plaintiff) P Lowson (Defendant)