DHF v Children’s Guardian [2018] NSWCATAD 152

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DHF v Children's Guardian [2018] NSWCATAD 152 Hearing dates: 22 June 2018 Date of orders: 18 July 2018 Decision date: 18 July 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Prof P Foreman, General Member Decision: (1) The decision of the respondent dated 12 December 2017 to cancel the applicant's working with children check clearance is set aside.

(2) In substitution for that decision, the following decision is made: The applicant is to be granted a working with children check clearance. Catchwords: ADMINISTRATIVE LAW - s27 of the Children Protection (Working with Children) Act 2012 – cancellation of working with children check clearance – common assault on adult female – earlier contravention of apprehended violence orders -– whether applicant poses a risk to the safety of children – neutral position adopted by Children's Guardian - clearance granted. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 Commission for Children and Young People v FZ [2011] NSWCA 111 R v Commission for Children and Young People [2002] NSWIRComm 101 Secretary, Department of Justice v L M B; Secretary, Department of Justice v P M Y [2012] VSCA 143 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Category: Principal judgment Parties: DHF (Applicant) Children's Guardian (Respondent) Representation: Counsel: S Jeliba (Applicant) G Mahony (Respondent)