DMF v Children’s Guardian [2019] NSWCATAD 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DMF v Children's Guardian [2019] NSWCATAD 2 Hearing dates: 14 November 2018 Date of orders: 02 January 2019 Decision date: 02 January 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member S Davison, General Member Decision: (1) The decision of the respondent dated 6 June 2018 to refuse the applicant's working with children check clearance is set aside. (2) In substitution for this decision the following decision is made: the applicant is to be granted a working with children check clearance Catchwords: CHILD protection – Working with children – Whether any real and appreciable risk – Acquitted at trial – No trial transcript available – No positive finding – Whether no hesitation in dismissing the charges as groundless - No lingering doubt or suspicion Legislation Cited: Child Protection (Working with Children) Act 2012 Cases Cited: BRL v Children's Guardian [2016] NSWCATAD 27. Office of the Children's Guardian v CFW [2016] NSWSC 1406 Secretary, Department of Justice v LMB; Secretary, Department of Justice v PMY [2012] VSCA 143 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Texts Cited: Nil Category: Principal judgment Parties: DMF (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Ramage QC (Applicant) A Douglas-Baker (Respondent)

Solicitors: Strand Lawyers (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2018/00179247 Publication restriction: Section 64 (1) Civil and Administrative Tribunal Act 2013 - Restriction on publication of information that will identify the applicant, any victims, witnesses or evidence given and received in this Tribunal hearing or in relation to the proceedings which is likely to identify those persons.