CDH v Children’s Guardian [2018] NSWCATAD 191

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CDH v Children's Guardian [2018] NSWCATAD 191 Hearing dates: 25 June 2018 Date of orders: 25 June 2018 Decision date: 25 June 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S. Scarlett, Senior Member R.Royer, General member Decision: 1. The decision of the Respondent Children's Guardian is set aside.

2. In substitution for that decision, the Applicant is to be granted a Working With Children Check clearance Catchwords: ADMINISTRATIVE LAW – review under section 27 Child Protection Working with Children) Act 2012 (NSW) – refusal of working with children check clearance – what the correct and preferable decision is having regard to the material before the Tribunal – whether the applicant poses a risk to the safety of children – applicant's criminal history considered Legislation Cited: Administrative Decisions Review Act 1997 (NSW), Child Protection (Working with Children) Act 2012 (NSW) ss 8,9,15,18,27, 30, 31 Civil and Administrative Tribunal Act 2013 (NSW) s 64 s 58 Cases Cited: BKE v Office of the Children's Guardian [2015] NSWSC 523 CGB v Children's Guardian [2018] NSWSC 776 Children's Guardian v CKF [2017] NSWSC 893 Children's Guardian v CVE [2017] NSWSC 1342 Commission for Children and Young People v V [2002] NSWSC 949; (2002) 56 NSWLR 476 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Tilley v Children's Guardian [2017] NSWCA 174 Category: Principal judgment Parties: CDH (Applicant) Children's Guardian (Respondent) Representation: Counsel: Mr Fraser (Applicant) Ms Wong (Respondent)