DAO v Children’s Guardian [2017] NSWCATAD 317

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DAO v Children's Guardian [2017] NSWCATAD 317 Hearing dates: 28 July 2017; 13 September 2017 Date of orders: 01 November 2017 Decision date: 01 November 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Dr B Field, General Member Decision: (1) The decision of the Children's Guardian dated 3 April 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.

(3) With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013.

Note: a reference to 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. Catchwords: Child protection – Working with children – conviction for assault occasioning actual bodily harm – 2015 amendments not applicable – application lodged only to engage in unpaid child-related work - decision set aside. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 9 BYR v Children's Guardian [2013] NSWADT 310 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 R v Commission for Children and Young People [2002] NSWIRComm 101 Category: Principal judgment Parties: DAO (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Giacomo (Respondent)