CYP v Children's Guardian [2017] NSWCATAD 322

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CYP v Children's Guardian [2017] NSWCATAD 322 Hearing dates: 21 September 2017 Date of orders: 07 November 2017 Decision date: 07 November 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: E Connor, Senior Member A Limbury, General Member Decision: The decision of the Children's Guardian dated 28 November 2016 to refuse to grant the applicant a Working with Children Check clearance is affirmed. Catchwords: ADMINISTRATIVE LAW-refusal of working with children check clearance-abuse of infant-assessment of risk Legislation Cited: Administrative Decisions Review Act 1997(NSW) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Children and Young Persons (Care and Protection) Act 1998(NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Cases Cited: BQU v Children's Guardian [2015] NSWCATAD 121 Commission for Children and Young People v FZ [2011] NSWCA 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: CYP (Applicant) Children's Guardian (Respondent) Representation: Counsel: R Dart (Respondent)