DHZ v Children’s Guardian [2019] NSWCATAD 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DHZ v Children's Guardian [2019] NSWCATAD 13 Hearing dates: 11 and 12 July 2018 Date of orders: 11 January 2019 Decision date: 11 January 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: C A Mulvey, Senior Member L Houlahan, General Member Decision: (1) The decision of the Children's Guardian dated 22 March 2018 cancelling 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 DHZ. Catchwords: ADMINISTRATIVE LAW – review under section 27(1) Child Protection (Working with Children) Act 2012 (NSW) child protection – working with children – risk to children whether risk real and appreciable – would a reasonable person allow unsupervised access to their own child in context of child related work Legislation Cited: Administrative Decisions Review Act 1997(NSW) Child Protection (Prohibited Employment) Act 1998 (NSW) (repealed) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Children and Young Persons (Care and Protection) Act 1998(NSW) Children and Young Persons (Care and Protection) Regulation 2012 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v 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 BVM v Children's Guardian [2016] NSWCATAD 65 Children's Guardian v CHN [2017] NSWSC 1228 Children's Guardian v CKF [2017] NSWSC 893 CHB v Children's Guardian [2016] NSWCATAD 214 CHN v Children's Guardian [2016] NSWCATAD 294 CKF v Children's Guardian [2017] NSWCATD 6 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 CTM v Children's Guardian [2016] NSWCATAD 280 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 CQX v Children's Guardian [2017] NSWCATAD 286 DAR v Children's Guardian [2018] NSWSC 942 M v M [1988] HCA 68; 166 CLR 69 R v Commission for Children and Young People [2002] NSWIRComm 101 R v War Pensions Entitlement Appeal Tribunal; ex parte Bott [1933] HCA 30 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88. Smith v Commissioner of Police [2014] NSWCATAD 184 ZZ v Secretary of the Department of Justice [2013] VSC 267 Texts Cited: Nil Category: Principal judgment Parties: DHZ (Applicant) Children's Guardian (Respondent) Representation: Counsel: B Fogerty (Applicant) J McDonald (Respondent) File Number(s): 2018/00110204 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the Tribunal restricts disclosure of the name of the applicant, his victims or of evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons.