DJM v Children's Guardian [2018] NSWCATAD 298

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DJM v Children's Guardian [2018] NSWCATAD 298 Hearing dates: 15 August 2018 and 24 October 2018 Date of orders: 21 December 2018 Decision date: 21 December 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: E Connor, Senior Member Emeritus Professor P Foreman, General Member Decision: (1) The decision of the Children's Guardian dated 13 February 2018 to cancel the applicant's Working With Children Check clearance is set aside. (2) In substitution for that decision, the following decision is made: The respondent is to grant the applicant a Working With Children Check clearance. Catchwords: ADMINISTRATIVE LAW-refusal of working with children check clearance-allegation of sexual assault-assessment of risk Legislation Cited: Administrative Decisions Review Act 1997(NSW) Child Protection (Working with Children) Act 2012 (NSW) Children and Young Persons (Care and Protection) Act 1998(NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: BKE v Office of the Children's Guardian [2015] NSWSC 523 BQU v Children's Guardian [2015] NSWCATAD 121 BSR v Children's Guardian [2015] NSWCATAD 264 41 Children's Guardian v CFK [2017] NSWSC 893 Commission for Children and Young People v FZ [2011] NSWCA at 111 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) [1981] 3 ALD 88 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: DJM (Applicant) Children's Guardian (Respondent) Representation: Counsel: E Windsor (Respondent)