CXH v Children’s Guardian [2017] NSWCATAD 344

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CXH v Children's Guardian [2017] NSWCATAD 344 Hearing dates: 6 June 2017, Submissions closed 18/7/2017 Date of orders: 28 November 2017 Decision date: 28 November 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member M Bolt, General Member Decision: (1) The decision of the respondent dated 30 November 2016 to refuse the applicant's Working with Children Check clearance is affirmed. Catchwords: CHILD Protection – Working with children – Criminal history – Offences of violence – Extensive history – Period of time since offences – Conceded findings – Requirement for clearance - Exemption Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Child Protection (Prohibited Employment) Act 1998(Repealed) Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Evidence Act 1995 Cases Cited: Commissioner for Children and Young People v FZ [2011] NSWCA 111 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 R v Commission for Children and Young People [2002] NSWIRComm 101 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 Re: Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88. Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 CGP v Children's Guardian [2017] NSWCATAD 12 BGW v NSW Office of the Children's Guardian [2014] NSWCATAD 179 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Children's Guardian v CKF [2017] NSWSC 893 BKE v Children's Guardian [2015] NSWSC 523 M v M (1988) 166 CLR (HCA) Texts Cited: Nil Category: Principal judgment Parties: CXH (Applicant) Children's Guardian (Respondent) Representation: Counsel: N/A (Applicant) A Douglas-Baker (Respondent)