DEW v Children’s Guardian [2018] NSWCATAD 75

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DEW v Children's Guardian [2018] NSWCATAD 75 Hearing dates: 25 January 2018 Date of orders: 09 April 2018 Decision date: 09 April 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member R Royer, General Member Decision: (1) The respondent's decision, made on 8 September 2017, to refuse the applicant's application for a working with children check clearance is affirmed. Catchwords: ADMINISTRATIVE REVIEW – review of a decision of the respondent to refuse the applicant's application for a working with children check clearance – in 2016 applicant found guilty of an offence assault occasioning actual bodily harm of his 9 year old son – offence triggered a risk assessment – whether the offence and other relevant factors were such that the Tribunal and the respondent before it could be satisfied that the applicant poses a risk to the safety of children. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) and other Child Protection Legislation 2016 (NSW) Children and Young Persons (Care and Protection) Act (NSW) Commission for Children and Young People Act 1998 (NSW) (Repealed) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Working with Children Act 2005 (Vic) Cases Cited: BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164 BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 BSR v Office of the Children's Guardian [2015] NSWCADTAD 264 Commission for Children and Young People v V [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 11 CTM v Children's Guardian [2016] NSWCATAD 280 Eckersley and Minister for Capital Territory (1979) 2 ALD 303; [1979] AATA 59 FZ v Commissioner for Children and Young People [2010] NSWSC 1144 Holbrook and Australian Postal Commission (1983) 5 ALN N46, [1983] AATA 40 ICM Agriculture Pty Ltd v The Commonwealth [2009] HCA 51, (2009) 240 CLR 162 M v M [1988] HCA 68; (1988) 166 CLR 69 Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139, (1980) 44 FLR 41, [1980] FCA 85 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53; (2006) 231 CLR 1 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: DEW (Applicant) Children's Guardian (Respondent) Representation: Counsel: B Fogarty (Applicant) M Giacomo (Respondent)