CXQ v Children’s Guardian [2018] NSWCATAD 70

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CXQ v Children's Guardian [2018] NSWCATAD 70 Hearing dates: 15 September and 14 December 2017 Date of orders: 27 March 2018 Decision date: 27 March 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant, Senior Member S Davison, General Member Decision: The decision of the Children's Guardian to refuse the applicant a working with children check clearance is affirmed. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – reports of child abuse and children at risk made to the department - whether applicant poses a risk to the safety of children – assessment of risk – correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Commission for Children and Young People Act 1998 Crimes Act 1900 Cases Cited: BHA v Children's Guardian [2014] NSWCATAD 161 BHA v Children's Guardian [2014] NWCATAD 161 Commission for Children and Young People v FZ [2011] NSWCA 111 BJB v Children's Guardian (No.2) [2014] NSWCATAD 164 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 CHB v Children's Guardian (2016) NSWCATAD 214 CMA v Children's Guardian (2016) NSWCATAD 264 Commission for Children and Young People v V (2002) NSWSC 949 Category: Principal judgment Parties: CXQ (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)