DKR v Children’s Guardian [2019] NSWCATAD 72

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DKR v Children's Guardian [2019] NSWCATAD 72 Hearing dates: 13 November 2018 Date of orders: 30 April 2019 Decision date: 30 April 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member L Houlahan, Senior Member Decision: (1) The decision of the respondent, made on 2 March 2018, to refuse the applicant application for a working with children check clearance is set aside. (2) In substitution for the decision of the respondent, the following decision is made: the applicant is granted a working with children check clearance. Catchwords: CHILD protection – working with children – whether any real and appreciable risk to children – seven years ago the applicant charged with a number of offences of aggravated sexual assault and aggravated indecent assault – all charges dismissed at committal – no prior or subsequent reports of inappropriate conduct Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164 BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 BSR v Office of the Children's Guardian [2015] NSWCADTAD 264 Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 Eckersley and Minister for Capital Territory (1979) 2 ALD 303; [1979] AATA 59 Holbrook and Australian Postal Commission (1983) 5 ALN N46, [1983] AATA 40 M v M [1988] HCA 68; (1988) 166 CLR 69 Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139, (1980) 44 FLR 41, [1980] FCA 85 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53; (2006) 231 CLR 1 Smith v Commissioner of Police [2014] NSWCATAD 184 ZZ v Secretary, Department of Justice [2013] VSC 267 Texts Cited: Nil Category: Principal judgment Parties: DKR (Applicant) Children's Guardian (Respondent) Representation: Counsel: M C McGorey (Respondent)