DDE v Children’s Guardian [2019] NSWCATAD 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DDE v Children's Guardian [2019] NSWCATAD 123 Hearing dates: 25 February 2019, 13 May 2019 Date of orders: 18 June 2019 Decision date: 18 June 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member L Houlahan, Senior Member Decision: The decision of the respondent to cancel the applicant's working with children check clearance is affirmed. Catchwords: ADMINISTRATIVE LAW – Child Protection – Working with children – Where Children's Guardian cancelled the applicant's working with children check clearance – Where applicant had a lengthy criminal history – Where there was no evidence that applicant had ever harmed a child - Whether applicant had overcome alcohol use disorder – Whether the applicant poses a real and appreciable risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Crimes Act 1900 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Children's Guardian v BRL [2016] NSWSC 1206 DFL v Children's Guardian [2018] NSWCATAD 121 DMF v Children's Guardian [2019] NSWCATAD 2 Category: Principal judgment Parties: DDE (Applicant) Children's Guardian (Respondent) Representation: Counsel: J Peluso (Applicant, for first day of hearing), Applicant thereafter self-represented A Douglas-Baker (Respondent)