CVE v Children’s Guardian (No. 2) [2017] NSWCATAD 371

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CVE v Children's Guardian (No. 2) [2017] NSWCATAD 371 Hearing dates: 21 November 2017 Date of orders: 19 December 2017 Decision date: 19 December 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Roberts, Senior Member E Hayes, General Member Decision: (1) The decision of the Children's Guardian dated 21 October 2016 to refuse to grant the applicant a Working with Children Check clearance is set aside.

(2) In substitution for that decision, the following decision is made: The applicant is granted a Working with Children Check clearance Catchwords: ADMINISTRATIVE LAW – review under section 27 Child Protection (Working with Children) Act 2012 (NSW) – refusal of working with children check clearance – rehearing of application after Supreme Court appeal and remitted to the Tribunal – what the correct and preferable decision is having regard to the material before the Tribunal – whether the applicant poses a real and appreciable risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Child Protection (Prohibited Employment) Act 1998 Civil and Administrative Tribunal Act 2013 Working with Children Act 2005 (Vic) Cases Cited: BJB v NSW Office of the Children's Guardian (No. 2) 2014 NSWCAT 164 BKE v Office of Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw (1938) 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 CFJ v Children's Guardian [2016] NSWCATAD 62 CFJ v Office of the Children's Guardian [2016] NSWSC 1625 CHB v Children's Guardian [2016] NSWCATAD 214 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 11 CSO v Children's Guardian [2017] NSWCATAD 346 CSW v Children's Guardian [2017] NSWCATAD 326 CYY v Children's Guardian [2017] NSWCATAD 262 Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 MH v Department of Justice (Occupational and Business Regulation) [2008] VCAT 1514 PJR v Secretary to the Department of Justice (Occupational and Business Regulation) [2006] VCAT 2455 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) (1981) ALD 88 Secretary, Department of Justice v LMB; Secretary, Department of Justice v PMY [2012] VSCA 143 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: CVE (Applicant) Children's Guardian (Respondent) Representation: Counsel: