DAE v Children's Guardian [2017] NSWCATAD 321

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DAE v Children's Guardian [2017] NSWCATAD 321 Hearing dates: 23 October 2017 Date of orders: 06 November 2017 Decision date: 06 November 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: E Connor, Senior Member S Davison, General Member Decision: (1) The decision of the Children's Guardian dated 3 March 2017 to refuse to grant the applicant a Working with Children Check clearance is set aside.

(2) The application for a Working with Children Check clearance is granted. Catchwords: ADMINISTRATIVE LAW-refusal of working with children check clearance-indecent assault charges dismissed-assessment of risk Legislation Cited: Administrative Decisions Review Act 1997(NSW) Child Protection (Working with Children) Act 2012 (NSW) Children and Young Persons (Care and Protection) Act 1998(NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: BKE v Office of the Children's Guardian [2015] NSWSC 523 BQD v Children's Guardian and the Department of Family and Community Services [2015] NSWCATAD 88 BQU v Children's Guardian [2015] NSWCATAD 121 BSR v Children's Guardian [2015] NSWCATAD 264 41 Commission for Children and Young People v FZ [2011] NSWCA at 111 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) [1981] 3 ALD 88 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: DAE (Applicant) Children's Guardian (Respondent) Representation: Counsel: C Simpson(Applicant) V Hartstein (Respondent)