DES v Children’s Guardian [2018] NSWCATAD 198

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DES v Children's Guardian [2018] NSWCATAD 198 Hearing dates: 4 June 2018 Date of orders: 28 August 2018 Decision date: 28 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant, Senior Member S Davison, General Member Decision: The decision of the Children's Guardian to refuse the applicant a working with children check clearance is affirmed. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – applicant charged with sexual assault but charge did not proceed – reports of child abuse to department – whether applicant poses a risk to safety of children – assessment of risk – correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Prohibited Employment) Act 1998 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Commission for Children and Young People Act 1998 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BHA v Children's Guardian [2014] NSWCATAD 161 BHA v Children's Guardian [2014] NWCATAD 161 Commission for Children and Young People v FZ [2011] NSWCA 111 BJB v Children's Guardian (No.2) [2014] NSWCATAD 164 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR CHB v Children's Guardian (2016) NSWCATAD 214 CMA v Children's Guardian (2016) NSWCATAD 264 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V (2002) NSWSC 949 McDonald v Director General of Social Security (1984)1 FCR 354; Neat Holdings Pty Ltd v Karjan Holdings Pty Ltd [1992] HCA 66; (1992) 110 ALR 449 R v Commission for Children and Young People [2002] NSWlRComm 101 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No.2) (1981) 3 ALD 88 Category: Principal judgment Parties: DES (Applicant) Children's Guardian (Respondent) Representation: Counsel: Applicant unrepresented M Giacomo (Respondent)