CGB v Children’s Guardian [2018] NSWSC 776

Supreme Court New South Wales

Medium Neutral Citation: CGB v Children's Guardian [2018] NSWSC 776 Hearing dates: 2 February 2018 Date of orders: 31 May 2018 Decision date: 31 May 2018 Jurisdiction: Common Law - Administrative Law Before: Harrison AsJ Decision: The Court orders that:

(1) The appeal is dismissed.

(2) The summons filed 1 December 2017 is dismissed.

(3) The plaintiff is to pay the defendant's costs on an ordinary basis. Catchwords: ADMINISTRATIVE LAW – judicial review ­– appeal against decision of the NSW Civil and Administrative Tribunal – Child Protection (Working with Children) Act 2012 (NSW) – working with children check clearance – whether the Tribunal erred in the use it made of evidence of prior representations that had been admitted for a non-hearsay purpose only – whether the Tribunal erred in its application of s 30(1)(j) of the Child Protection (Working with Children) Act 2012 (NSW) – whether the Tribunal provided adequate reasons – appeal dismissed Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW), ss 3, 10, 18, 27, 28 and 30 Children and Young Persons (Care and Protection) Act 1998 (NSW), s 137 Civil and Administrative Tribunal Act 2013 (NSW), s 17, 38 and 62 Court Suppression and Non-Publication Orders Act 2010 (NSW), ss 7 and 8 Crimes Act 1900 (NSW), ss 61J and 62 Evidence Act 1995 (NSW), s 59 and 60 Cases Cited: Applicant A169/2003 v Minister of Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 8 Applicant WAEE v Minister of Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630; [2003] FCAFC 184 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 Briginshaw v Briginshaw (1938) 60 CLR 336 BVT v Office of Children's Guardian [2017] NSWSC 1763 Children's Guardian v BRL [2016] NSWSC 1206 Children's Guardian v CKF [2017] NSWSC 893 Collins v Urban [2014] NSWCATAP 17 Commission for Children and Young People v V [2002] NSWSC 949 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 197 ALR 389 M v M (1988) 166 CLR 69; [1988] HCA 68 McGinn v Ashfield Council [2012] NSWCA 238 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Norvill v Barton; Tickner v Chapman and Tickner v Barton (1995) 57 FCR 451; (1995) 133 ALR 226 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Roberts v Balencio (1987) 8 NSWLR 436 Thang Van Pham v NRMA Insurance Limited Walsh v Parramatta City Council [2007] NSWLEC 255; (2007) 161 LGERA 118 Category: Principal judgment Parties: CGB (Plaintiff) Children's Guardian (Defendant) Representation: Counsel: C McGorey (Plaintiff) AB Douglas-Baker (Defendant)