CTE v Children’s Guardian [2018] NSWCATAD 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CTE v Children's Guardian [2018] NSWCATAD 28 Hearing dates: 3 August 2017 and 25 October 2017 Date of orders: 02 February 2018 Decision date: 02 February 2018 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 22 September 2016 to refuse to grant the applicant a Working with Children Check clearance is affirmed. 2. The Tribunal's decision as set out in (1) takes effect on 2 March 2018, being 4 weeks after the date of the Tribunal's decision. 3. The interim stay granted by the Tribunal on 28 October 2016 is extended until 11.59pm on 1 March 2018. Catchwords: ADMINISTRATIVE LAW – review under section 27 Child Protection (Working with Children) Act 2012 (NSW) – refusal of working with children check clearance – what the correct and preferable decision is having regard to the material before the Tribunal – whether a working with children check clearance can be granted with conditions - whether a person can be exempted from holding a working with children check clearance - whether the applicant poses a real and appreciable risk to the safety of children Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth) 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) Commission for Children and Young People Act 1998 (NSW) Crimes Act 1900 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) 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 BKV v Children's Guardian [2015] NSWCATAD 65 Briginshaw v Briginshaw (1938) 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 CDX v Children's Guardian [2016] NSWCATAD 17 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 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 Kocic v Commissioner for Police, NSW Police Force (2014) NSWLR 159 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 Shi v Migration Agents Regulatory Authority (2008) 235 CLR 286 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: CTE (Applicant) Children's Guardian (Respondent) Representation: Counsel: Ms M Neville for the Applicant Mr I Fraser for the Respondent