DBS v Children's Guardian [2018] NSWCATAD 62

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DBS v Children's Guardian [2018] NSWCATAD 62 Hearing dates: 4 September 2017 Date of orders: 20 March 2018 Decision date: 20 March 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Hon G Mullane ADCJ, Principal Member Dr B Field, General Member Decision: (1) The decision of the Children's Guardian of 18 April 2017 refusing 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.

(3) Publication or broadcast without the leave of the Tribunal of any name or other identifying information of the applicant, any child referred to in these reasons or any relative of the applicant referred to in these reasons is prohibited. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance Legislation Cited: Administrative Decisions Review Act 1997; Child Protection (Prohibited Employment) Act, 1998; Child Protection (Working with Children) Act 2012; Adoption Act, 2000; Child Protection (Prohibited Employment) Act 1998 Cases Cited: BJB v the Children's Guardian (No. 2) [2014] NSWCATD 164 Commission for Children and Young People –v- V [2002] NSWSC 949 Texts Cited: Nil Category: Principal judgment Parties: DBS (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Giacomo (Respondent)