DFV v Children’s Guardian [2018] NSWCATAD 145

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DFV v Children's Guardian [2018] NSWCATAD 145 Hearing dates: 6 April 2018 Date of orders: 12 July 2018 Decision date: 12 July 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member R Royer, General Member Decision: (1) The decision of the respondent dated 3 October 2017 is set aside.

(2) The respondent is to grant the applicant a Working with Children Check Clearance. Catchwords: ADMINISTRATIVE LAW – child protection – working with children –– conduct of applicant in period since matters occurred – significant rehabilitation of applicant – risk equal to any member of the community – whether risk real and appreciable Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 BKE v Children's Guardian [2015] NSWSC 523 CHB v Children's Guardian [2016] NSWCATAD 214 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 CYY v Children's Guardian (No. 2) [2017] NSWCATAD 262 PJR v Secretary to the Department of Justice (Occupational and Business regulation) [2006] VCAT 2455 R v Commission for Children and Young People [2002] NSWIRComm 101 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88. Smith v Commissioner of Police [2014] NSWCATAD 184 ZZ v Secretary of the Department of Justice [2013] VSC 267 Category: Principal judgment Parties: DFV (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Higgins (Applicant) M Giacomo (Respondent)