DAN v Children's Guardian [2018] NSWCATAD 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DAN v Children's Guardian [2018] NSWCATAD 20 Hearing dates: 13 November 2017 and 6 December 2017 Date of orders: 24 January 2018 Decision date: 24 January 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: E Connor, Senior Member B Field, General Member Decision: The decision of the Children's Guardian dated 8 March 2017 to refuse to grant the applicant a Working with Children Check clearance is affirmed. Catchwords: ADMINISTRATIVE LAW-refusal of working with children check clearance-assault on sibling-child related violence-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) Children and Young Persons (Care and Protection) Act 1998(NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: BKE v Office of the Children's Guardian [2015] NSWSC 523 BQU v Children's Guardian [2015] NSWCATAD 121 Commission for Children and Young People v FZ [2011] NSWCA 111 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) [1981] 3 ALD 88 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: DAN (Applicant) Children's Guardian (Respondent) Representation: Counsel: D Brezniak (Applicant) J McDonald (Respondent)