CLE v Children’s Guardian [2018] NSWCATAD 234

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CLE v Children's Guardian [2018] NSWCATAD 234 Hearing dates: 26 July 2018 Date of orders: 09 October 2018 Decision date: 09 October 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member L Houlahan Senior Member Decision: The decision of the respondent dated 6 December 2016 is affirmed. Catchwords: ADMINISTRATIVE LAW – child protection – working with children – risk to children whether risk real and appreciable– allegations – circumstances of allegations – history of allegations – whether pattern – risk assessment –weight of evidence – conflicts in evidence – whether adverse inference available – whether positive findings can be made – adverse findings about risk of harm – availability of findings in absence of positive findings on allegations Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 BKE v Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34: 60 CLR 336 CDF v Wesley Dalmar, CLE v Wesley Dalmar [2016] NSWCATAD 187 Children's Guardian v CKF [2017] NSWSC 893 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 Jones v Dunkel (1959) 101 CLR 298 M v M (1988) 166 CLR (HCA) Office of the Children's Guardian v CFW [2016] NSWSC 1406 R v Commission for Children and Young People [2002] NSWIRComm 101 Re: Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88. Texts Cited: Nil Category: Principal judgment Parties: CLE (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)