CPD v Office of the Children’s Guardian [2019] NSWSC 8

Supreme Court New South Wales

Medium Neutral Citation: CPD v Office of the Children's Guardian [2019] NSWSC 8 Hearing dates: 22 March 2018 Decision date: 17 January 2019 Jurisdiction: Common Law Before: McCallum J Decision: Appeal dismissed Catchwords: ADMINISTRATIVE LAW – judicial review of decision by NCAT confirming refusal to grant a "working with children check clearance" – where person seeking clearance had been tried for sexual offences against a child and found not guilty of all offences – finding by NCAT that the child's allegations were proved on the balance of probabilities – whether decision entailed legal error – application of so-called Briginshaw standard – alleged failure to afford procedural fairness – alleged failure to consider the plaintiff's sworn evidence – whether reasons revealed prejudgment – whether the finding was unreasonable – adequacy of reasons Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW), ss 14, 18, 30 Civil and Administrative Tribunal Act 2013 (NSW), ss 38(5)(c),57, 62, Sch 3 cl. 17(1)(a) Evidence Act 1995 (NSW), s 140 Administrative Decisions Review Act 1997 (NSW), ss 57, 58, 63 Cases Cited: BKE v Office of Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 CPD v Children's Guardian [2017] NSWCATAD 162 Greyhound Racing Authority v Bragg [2003] NSWCA 388 Haines v Leves (1987) 8 NSWLR 442 Karakatsanis v Racing Victoria Ltd (2013) 42 VR 176; [2013] VSCA 305 M v M (1988) 166 CLR 69; [1988] HCA 68 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Category: Principal judgment Parties: CPD (Plaintiff) Office of the Children's Guardian (Defendant) Representation: Counsel: Mr S Lawrence for the Plaintiff Mr P Singleton for the Defendant