CMD v NSW Office of the Children’s Guardian [2018] NSWSC 1348

Supreme Court New South Wales

Medium Neutral Citation: CMD v NSW Office of the Children's Guardian [2018] NSWSC 1348 Hearing dates: 18 October 2017 Decision date: 31 August 2018 Jurisdiction: Common Law Before: McCallum J Decision: Appeal dismissed Catchwords: ADMINISTRATIVE APPEAL – application by high school maths teacher for a working with children check clearance – where teacher acquitted of criminal charges alleging sexual misconduct with a female student – assessment of risk – whether Tribunal misunderstood its statutory function – where Tribunal neither satisfied that offences probably did occur nor that they probably did not – whether required to resolve inconsistencies in child's allegations before being satisfied as to the existence of a real and appreciable risk Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW), ss 3, 4, 14, 15, 18, 27, 30 Civil and Administrative Tribunal Act 2013 (NSW), ss 17, Schedule 3 cl 17(1)(a), 38(5)(c), 62(3) Evidence Act 1995 (NSW), s 89(1)(a) Cases Cited: BKE v Office of Children's Guardian [2015] NSWSC 523 Buck v Bavone (1976) 135 CLR 110 BVT v Office of the Children's Guardian [2016] NSWSC 1169 Children's Guardian v CKF [2017] NSWSC 893 CMD v Children's Guardian [2017] NSWCATAD 150 Commission for Children and Young People v V [2002] NSWSC 949 FTZK v Minister for Immigration and Border Protection [2014] 88 ALJR 754; [2014] HCA 26 M v M (1988) 166 CLR 69; [1988] HCA 68 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Sullivan v Civil Aviation Safety Authority [2014] 322 ALR 581; [2014] FCAFC 93 Category: Procedural and other rulings Parties: CMD (plaintiff) NSW Office of the Children's Guardian (defendant) Representation: Counsel: KM Richardson SC, S Palaniappan (plaintiff) I Fraser (defendant)