DMU v Children’s Guardian [2018] NSWCATAD 261

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DMU v Children's Guardian [2018] NSWCATAD 261 Hearing dates: Hearing dispensed with pursuant to section 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) Date of orders: 08 November 2018 Decision date: 08 November 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member R Royer, General Member Decision: (1) The decision made to cancel the applicant's Working With Children Check Clearance is set aside. (2) The Children's Guardian shall forthwith reinstate a Working with Children Check Clearance to the applicant known in these proceedings as DMU. (3) With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). Note: a reference to 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. Catchwords: ADMINISTRATIVE LAW- review under section 27 Child Protection (Working with Children) Act 2012 (NSW)-where cancellation of working with children check clearance - where application for protection of the children in the Children's Court due to abuse -where applicant granted care of his children by Children's Court – where the children's mother abused the children - where paramount concern is protecting children from child abuse – assessment of risk posed by applicant- whether the applicant has proven he is not a risk to the safety of children – where review finds preferable decision is to set aside the cancellation and grant a clearance. Legislation Cited: Administrative Decisions Review Act 1997(NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Child Protection (Prohibited Employment) Act 1998 (NSW) (repealed) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Amendment (Statutory Review) Act 2018 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Child Protection (Working with Children) and Other Child Protection Legislation Amendment Act 2016 (NSW) Children and Young Persons (Care and Protection) Act 1998(NSW) Children (Criminal Proceedings) Act 1987 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Family Law Act 1975 (Cth) Interpretation Act 1987 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BCS v NSW Civil & Administrative Tribunal [2015] NSWSC 126 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v NSW Office of the Children's Guardian [2014] NSWCATAD 111 BKE v Office of the Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Bryant v Commonwealth Bank of Australia (1996) 70 ALJR 306 BXJ v Children's Guardian [2016] NSWCATAD 11 BYR v Children's Guardian [2013] NSWADT 310 CHB v Children's Guardian [2016] NSWCATAD 214 Children's Guardian v BQJ [2016] NSWSC 869 Children's Guardian v CKF [2017] NSWSC 893 CJT v Office of the Children's Guardian [2016] NSWSC 738 Coleman v Shell Co of Australia Ltd (1943) 45 SR (NSW) 27 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 CSZ v Children's Guardian [2017] NSWCATAD 57 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 CZI v Children's Guardian [2017] NSWCATAD 179 DNQ v Children's Guardian [2018] NSWCATAD 188 Geschke v Del-Monte Home Furnishers Pty Ltd [1981] VR 856 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32 La Macchia v Minister for Primary Industry (1986) 72 ALR 23 M v M [1988] HCA 68; 166 CLR 69 Office of the Children's Guardian v CFW [2016] NSWSC 1406 R v Commission for Children and Young People [2002] NSWIRComm 101 Re A Solicitor's Clerk [1957] 1 WLR 1219 Roberts v Balancio (1987) 8 NSWLR 436 Robertson v City of Nunawading [1973] VR 819 Secretary, Department of Justice v L M B; Secretary, Department of Justice v P M Y [2012] VSCA 143 SL v Secretary, Department of Family and Community Services Tilley v Children's Guardian [2017] NSWCA 174 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: DMU (Applicant) Children's Guardian (Respondent) Representation: Counsel/Advocates: DMU in person (Applicant) C Nelson and S Huang (Respondent)