DCQ v Children’s Guardian [2017] NSWCATAD 305

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DCQ v Children's Guardian [2017] NSWCATAD 305 Hearing dates: 27 September 2017 Date of orders: 20 October 2017 Decision date: 20 October 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: R C Titterton, Principal Member Prof P Foreman AM, General Member Decision: The respondent's decision to cancel the applicant's Working With Children Check clearance is affirmed. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance - trigger offences against applicant involving a child – whether applicant poses a risk to the safety of children – assessment of risk. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 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 BMU v Children's Guardian [2015] NSWCATAD 129 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 Office of the Children's Guardian v CFW [2016] NSWSC 1406 R v Commission for Children and Young People [2002] NSWlRComm 101 YG v GG v Minister for Community Services [2002] NSWCA 247 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34) Category: Principal judgment Parties: DCQ (Applicant) Children's Guardian (Respondent) Representation: Counsel: Ms T Stevens (Respondent)