CMQ v Children’s Guardian [2017] NSWCATAD 358

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CMQ v Children's Guardian [2017] NSWCATAD 358 Hearing dates: 01 September 2017 Date of orders: 12 December 2017 Decision date: 12 December 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Prof E Foreman, General Member Decision: (1) The decision of the respondent dated 9 February 2016 to cancel the applicant's Working with Children Check Clearance is affirmed. Catchwords: ADMINISTRATIVE LAW – child protection – Working with children – Criminal history – Offences of violence – Child victims – Assault 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Review Act 1997 Child Protection (Working with Children) Act 2012 Child Protection (Prohibited Employment) Act 1998 (Repealed) Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Records Act 1991 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 BKE v Children's Guardian [2015] NSWSC 523 CGP v Children's Guardian [2017] NSWCATAD 12 BGW v NSW Office of the Children's Guardian [2014] NSWCATAD 179 Children's Guardian v CKF [2017] NSWSC 893 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 M v M (1988) 166 CLR (HCA) Office of the Children's Guardian v CFW [2016] NSWSC 1406 R v Commission for Children and Young People [2002] NSWIRComm 101 Re: Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88. Texts Cited: Nil Category: Principal judgment Parties: CMQ (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)