DLF v Children’s Guardian [2019] NSWCATAD 110

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DLF v Children's Guardian [2019] NSWCATAD 110 Hearing dates: 11, 12 April 2019 Date of orders: 07 June 2019 Decision date: 07 June 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior member M Bolt, General member Decision: 1. The decision of the respondent dated 15 March 2018 to cancel 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 – Criminal conviction quashed - Findings in respect of criminal allegations –Weight of evidence in absence of testing of evidence – Significant history without complaint – Absence of interpreter in court proceedings. Legislation Cited: Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: BKE v Office of Children's Guardian [2015] NSWSC 523 CHB v Children's Guardian [2016] NSWCATAD 214 Children's Guardian v BLF [2016] NSWSC 1206 Children's Guardian v CKF [2017] NSWSC 893 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 Mielczarek v Commissioner of Police, NSW Police Force (No 2) [2016] NSWCATAP 255; 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 Category: Principal judgment Parties: DLF (Applicant) Children's Guardian (Respondent) Representation: Counsel: