DDJ v Children's Guardian [2018] NSWCATAD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DDJ v Children's Guardian [2018] NSWCATAD 4 Hearing dates: 11 December 2017 Date of orders: 08 January 2018 Decision date: 08 January 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: E Connor, Senior Member P Foreman, General Member Decision: The Tribunal declares that the applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 (NSW).

Pursuant to subsection 28(6) of the Child Protection (Working with Children) Act 2012 (NSW) the Children's Guardian is to grant the applicant a Working with Children Check Clearance. Catchwords: ADMINISTRATIVE LAW-refusal of working with children check clearance-frotteursistic behaviour- 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) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Category: Principal judgment Parties: DDJ (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Douglas-Baker (Respondent) Applicant: In Person Unrepresented Solicitors: Crown Solicitor (Respondent) File Number(s): 2017/200342 Publication restriction: Section 64(1) Civil and Administrative Tribunal Act 2013. Restriction on publication of information that will identify the applicant, any children, or victims and evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons without leave of the Tribunal.