CYZ v Children’s Guardian [2017] NSWCATAD 255

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CYZ v Children's Guardian [2017] NSWCATAD 255 Hearing dates: 14 August 2017 Date of orders: 14 August 2017 Decision date: 14 August 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: M Hitter, Senior Member A Limbury, General Member Decision: 1. The decision of the Respondent dated 20 January 2017 to refuse the Applicant a Working with Children Check clearance is set aside.

2. The Applicant is to be granted a Working with Children Check clearance. Catchwords: ADMINISTRATIVE LAW – child protection – Working with Children Check clearance - 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) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: BRT v Children's Guardian (2015) NSWCATAD 272 Category: Principal judgment Parties: CYZ (Applicant) Children's Guardian (Respondent) Representation: Counsel: Ms. Giacomo,(Respondent)

Solicitor: Taperell Rutledge Lawyers, (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2017/00061908 Publication restriction: Disclosure of the name of the applicant and the name of any alleged victim or child referred to in the material before the Tribunal is prohibited. Note: the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.