DFR v Children’s Guardian [2018] NSWCATAD 184

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DFR v Children's Guardian [2018] NSWCATAD 184 Hearing dates: 31 May 2018 Date of orders: 15 August 2018 Decision date: 15 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Ms S Leal, Senior Member Prof P Foreman, General Member Decision: (1) The decision of the respondent dated 3 October 2017 to refuse to grant the applicant a 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: Child protection – Working with children – offence of common assault as a juvenile – offence found proven but dismissed with a caution – relevance to risk of findings in relation to parenting capacity – relevance to risk of finding of intellectual disability – relevance to risk of former partner's threatening behaviour to assessment of applicant's risk - decision set aside. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Children (Criminal Proceedings) Act 1987 Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69] BYR v Children's Guardian [2013] NSWADT 310 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949; R v Commission for Children and Young People [2002] NSWIRComm 101 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Category: Principal judgment Parties: DFR (Applicant) Children's Guardian (Respondent) Representation: Counsel: Ms A Douglas-Baker