CXM v NSW Children’s Guardian [2018] NSWCATAD 201

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CXM v NSW Children's Guardian [2018] NSWCATAD 201 Hearing dates: 16 August 2017; 26 February 2018 Date of orders: 31 August 2018 Decision date: 31 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: J Anderson, Senior Member (to 30 January 2018) S Higgins, Senior Member (from 26 February 2018) A Limbury, General Member Decision: (1) Time within which the applicant is to lodge his application for external review is extended to 23 December 2017. (2) The respondent's decision made on 31 October 2016 to cancel the applicant's working with children check clearance is set aside. Catchwords: ADMINISTRATIVE REVIEW – administrative review of respondent's decision to cancel the applicant's working with children check clearance – a child in the applicant's care alleged the applicant had sexually and indecently abused her – the applicant was interviewed by police and officers of the Department of Family and Community Services – the applicant denied the allegations - no charges were laid against the applicant – whether on the material before the Tribunal, the Tribunal is satisfied that the applicant poses a risk to the safety of children and if not so satisfied whether the matters prescribed in s 30(1A) of the Child Protection (Working With Children) Act 2012 are satisfied. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Child Protection (Working with Children) Act (NSW) Children and Young Persons (Care and Protection) Regulation 2012 (NSW) Cases Cited: BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164 BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 BSR v Office of the Children's Guardian [2015] NSWCADTAD 264 Commission for Children and Young People v V [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 11 CTM v Children's Guardian [2016] NSWCATAD 280 CZZ v Children's Guardian [2018] NSWCATAD 56 Eckersley and Minister for Capital Territory (1979) 2 ALD 303; [1979] AATA 59 ICM Agriculture Pty Ltd v The Commonwealth [2009] HCA 51, (2009) 240 CLR 162 M v M [1988] HCA 68; (1988) 166 CLR 69 Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139, (1980) 44 FLR 41, [1980] FCA 85 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53; (2006) 231 CLR 1 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: CXM (Applicant) NSW Children's Guardian (Respondent) Representation: Counsel: G Jauncey (Applicant) E Windsor (Respondent)