CXZ v Children’s Guardian [2018] NSWCATAD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CXZ v Children's Guardian [2018] NSWCATAD 36 Hearing dates: 29 June 2017, 9 October 2017, 10 October 2017, 10 November 2017 Date of orders: 14 February 2018 Decision date: 14 February 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member R Royer, General Member Decision: 1. The decision of the respondent dated 2 December 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 – Child protection – Working with children - Whether the applicant poses a risk to the safety of children – Assessment of risk - Findings in respect of criminal allegations –- No presumption of risk. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Security Industry Act 1997 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BYR v Children's Guardian [2013] NSWADT 310 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949 R v Commission for Children and Young People [2002] NSWIRComm 101 Category: Principal judgment Parties: CXZ (Applicant)