DDC v Children’s Guardian [2017] NSWCATAD 318

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DDC v Children's Guardian [2017] NSWCATAD 318 Hearing dates: 18 September 2017 Date of orders: 31 October 2017 Decision date: 31 October 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: J Anderson, Senior Member A Limbury, General Member Decision: (1) The decision of the respondent dated 26 May 2017 is set aside.

(2) In substitution for that decision, the following order is made; The applicant is granted a working with children check clearance.

(3) The disclosure of the name of the applicant and any victim or child referred to in these reasons is prohibited. Catchwords: ADMINISTRATIVE LAW – review under section 27 Child Protection (Working with Children) Act 2012 – refusal of working with children check clearance – where applicant was convicted as a child of offences of violence - whether the applicant poses a risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: Commission for Children and Young People v V [2002] NSWSC 949 BKE v Office of the NSW Children's Guardian [2015] NSWSC 523 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 CFJ v Children's Guardian [2016] NSWCATAD 62. CJT v Office of the Children's Guardian [2016] NSWSC 738 Category: Principal judgment Parties: DDC (Applicant) Children's Guardian (Respondent) Representation: In Person (Applicant)