DAR v Children’s Guardian [2018] NSWCATAD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DAR v Children's Guardian [2018] NSWCATAD 1 Hearing dates: 27 October 2017 and 29 November 2017 Date of orders: 04 January 2018 Decision date: 04 January 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: J Anderson, Senior Member R Royer, General Member Decision: The decision of the Children's Guardian to refuse to grant the applicant a working with children check clearance is affirmed. Catchwords: ADMINISTRATIVE LAW – review under section 27 Child Protection (Working with Children) Act 2012 – refusal of working with children check clearance – where applicant - where applicant charged with aggravated sexual intercourse with a child - acquittal following a criminal trial - whether the applicant poses a risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: Commission for Children and Young People v V [2002] NSWSC 949 LA v Commissioner for Children and Young People [2012] NSWSC 1454. BKE v Office of the NSW Children's Guardian [2015] NSWSC 523 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 CFJ v Children's Guardian [2016] NSWCATAD 62. CJT v Office of the Children's Guardian [2016] NSWSC 738 Children's Guardian v BRL [2016] NSWSC 1206 Category: Principal judgment Parties: DAR (Applicant) NSW Office of the Children's Guardian (Respondent) Representation: Counsel: Mr S Priestley (Applicant) Ms M Giacomo (Respondent)