DEG v Children’s Guardian [2018] NSWCATAD 241

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DEG v Children's Guardian [2018] NSWCATAD 241 Hearing dates: 21 May 2018 Date of orders: 17 October 2018 Decision date: 17 October 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member L Houlahan, General Member Decision: The decision of the Children's Guardian to refuse to grant the applicant a working with children check clearance is affirmed. Catchwords: ADMINISTRATIVE LAW – Working with children – Whether applicant poses a risk to the safety of children – Where applicant committed offences of violence over a ten-year period – Where last offence occurred four years ago – Where large number of apprehended violence orders made against applicant - Where applicant committed to a life without violence after committing to Christianity in 2014 – Where applicant has expressed remorse for crimes – Whether applicant fully candid with Tribunal Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Amendment (Statutory Review) Act 2018 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Cases Cited: BKE v Office of the Children's Guardian [2015] NSWSC 523 CFJ v Children's Guardian [2016] NSWCATAD 62 CJT v Office of the Children's Guardian [2016] NSWSC 738 Commission for Children and Young People v V [2002] NSWSC 949 La Macchia v Minister for Primary Industry (1986) 72 ALR 23 Lokondo v Commissioner of Police [2017] NSWCATAP 137 Category: Principal judgment Parties: DEG (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)