DGF v Children’s Guardian [2018] NSWCATAD 286

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DGF v Children's Guardian [2018] NSWCATAD 286 Hearing dates: 27 August 2018 Date of orders: 12 December 2018 Decision date: 12 December 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Scarlett, Senior Member P Foreman, General Member Decision: (1) The decision of the Children's Guardian made on 11 August 2017 not to grant the Applicant a Working with Children Check clearance is affirmed. Catchwords: ADMINISTRATIVE LAW - administrative review – review under section 27 Child Protection (Working with Children) Act 2012 NSW – refusal of working with children check clearance – child protection – what the correct and preferable decision is having regard to the material before the Tribunal – whether the applicant poses a real and appreciable risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 (NSW) ss 58, 63 Child Protection (Working with Children) Act 2012 (NSW) ss 5B, 14, 15, 18, 27, 30 Child Protection (Working with Children) Amendment (Statutory Review) Act 2018 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) s 227 Family Law Act 1975 (Cth) s 4 Cases Cited: BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164 BKE v Office of Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw (1938) 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 BSR v Office of the Children's Guardian [2015] NSWCATAD 264 CDX v Children's Guardian [2016] NSWCATAD 17 CFK v Office of the Children's Guardian [2017] NSWSC 460 CGN v Children's Guardian [2016] NSWCATAD 138 CHB v Children's Guardian [2016] NSWCATAD 2124 Children's Guardian v BQJ [2016] NSWSC 869 Children's Guardian v CKF [2017] NSWSC 893 Children's Guardian v CVE [2017] NSWSC 1342 Commission for Children and Young People v V [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 111 CTE v Children's Guardian [2018] NSWCATAD 28 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1 Neat Holdings Pty Ltd v Karajan Holdings Pty td [1992] HCA 66; (1992) 67 ALJR 170 Secretary, Department of Justice v LMB [2012] VSC 267 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Category: Principal judgment Parties: DGF (Applicant) Children's Guardian (Respondent) Representation: Counsel: Mr Fraser (Respondent)