CYY v Children’s Guardian (No. 2) [2017] NSWCATAD 262

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CYY v Children's Guardian (No. 2) [2017] NSWCATAD 262 Hearing dates: 5 June 2017 Date of orders: 29 August 2017 Decision date: 29 August 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant, Senior Member R Royer, General Member Decision: (1) The decision of the Children's Guardian dated 21 February 2017 to refuse to grant the applicant a Working With Children Check clearance is set aside.

(2) In substitution for that decision, the following decision is made; the applicant is granted a Working With Children Check clearance. Catchwords: ADMINISTRATIVE LAW – child protection – Working With Children Check clearance – applicant is a party to ongoing family law dispute – charges of assaulting child dismissed by court – other allegations of domestic violence against applicant - 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 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 Chlldren's Guardian v CKF [2017] NSWSC 893 Commission for Children and Young People v V [2002] NSWSC 949 M v M [1988] HCA 68;[1988] 166 CLR 69 McDonald v Director General of Social Security [1984] 1 FCR 354;6 ALD 6 Office of Children's Guardian v CFW [2016]1406 Re: Control Investments Pty Ltd v Australian Broadcasting Tribunal (n0.2) 3 ALD 88 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: CYY (Applicant) Children's Guardian (Respondent) Representation: Counsel: E Windsor (Respondent) L Hamilton (Applicant)