DHL v Children’s Guardian [2018] NSWCATAD 238

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DHL v Children's Guardian [2018] NSWCATAD 238 Hearing dates: 29 June 2018, 27 August 2018 Date of orders: 12 October 2018 Decision date: 12 October 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: M Hitter, Senior Member R Royer, General Member Decision: (1) The applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of the offence of assault with an act of indecency. (2) The Children's Guardian is to grant the applicant a Working with Children Check clearance Catchwords: ADMINISTRATIVE LAW – child protection – Working with Children Check clearance - whether the Applicant poses a risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 Commissioner for Children and Young People v V [2002] NSWSC 949). Category: Principal judgment Parties: DHL (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Douglas-Baker (Respondent)

Solicitors: Crown Solicitor's Office (Respondent) Meehan Solicitors (Applicant) File Number(s): 2018/00020259 Publication restriction: Disclosure of the name of the applicant and the name of any alleged victim or child referred to in the material before the Tribunal is prohibited. Note: the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.