Children’s Guardian v CHN [2017] NSWSC 1228

Supreme Court New South Wales

Medium Neutral Citation: Children's Guardian v CHN [2017] NSWSC 1228 Hearing dates: 21 June 2017 Decision date: 13 September 2017 Jurisdiction: Common Law Before: Button J Decision: (1) Appeal dismissed. (2) The appellant, the New South Wales Children's Guardian, must pay the costs of the proceedings before me of the respondent known as CHN. Catchwords: ADMINISTRATIVE LAW – appeal from decision of New South Wales Civil and Administrative Tribunal – questions of law – review of decision of New South Wales Children's Guardian – whether individual entitled to working with children check clearance – where individual with history of criminality and misconduct – where individual declined psychiatric assessment – appeal dismissed Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 63 Child Protection (Working with Children) Act 2012 (NSW), ss 27(2); 30(1) Civil and Administrative Tribunal Act 2013 (NSW), s 62; sched 3, cl 17 Cases Cited: CHN v Children's Guardian [2016] NSWCATAD 294 Gaskell v Denkas Building Services [2008] NSWCA 35 House v the King (1936) 55 CLR 499; [1936] HCA 40 Jones v Dunkel 101 CLR 298; [1959] HCA 8 M v M (1988) 166 CLR 69; [1988] HCA 68 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Category: Principal judgment Parties: Children's Guardian (appellant) CHN (respondent) Representation: Counsel: P Singleton (appellant) M Higgins (respondent)