DHK v Children’s Guardian [2018] NSWCATAD 227

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DHK v Children's Guardian [2018] NSWCATAD 227 Hearing dates: 28 August 2018 Date of orders: 28 August 2018 Decision date: 28 September 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member R Royer, General Member Decision: (1) The decision of the respondent dated 20 December 2017 to cancel the applicant's 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 – Risk Assessment – Whether applicant poses a risk to children – Real and appreciable risk – Allegations of aggravated indecent assault – Allegations retracted – Charges withdrawn – Costs order made against the prosecution. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 9 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; 56 NSWLR 476. Office of the Children's Guardian V CFW [2016] NSWSC 1406. R v Commission for Children and Young People [2002] NSWIRComm 101 Secretary, Department of Justice v L M B; Secretary, Department of Justice v P M Y [2012] VSCA 143 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Category: Principal judgment Parties: DHK (Applicant) Children's Guardian (Respondent) Representation: Counsel: K Dailly (Applicant) V Hartstein (Respondent)