DTA v Children's Guardian [2019] NSWCATAD 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DTA v Children's Guardian [2019] NSWCATAD 144 Hearing dates: 4 June 2019 and 1 July 2019 Date of orders: 25 July 2019 Decision date: 25 July 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: G Blake AM SC, Senior Member R Royer, General Member Decision: 1. The decision made on 14 February 2019 of the respondent refusing to grant the applicant a working with children check clearance to the applicant is affirmed. 2. An order pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting, with the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings including mandatory reporters or risk of harm reporters. Catchwords: ADMINISTRATIVE LAW — Working with children — Application for a working with children check clearance - Whether applicant poses a risk to the safety of children Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Crimes Act 1900 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Working with Children Act 2005 (Vic) Civil and Administrative Tribunal Act 2013 (NSW) Administrative Decisions Review Act 1997 (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 [2015] NSWSC 523 Children's Guardian v CKF [2017] NSWSC 893 CJT v Office of the Children's Guardian [2016] NSWSC 738 Commission for Children and Young People v V [2002] NSWSC 949; (2002) 56 NSWLR 476 CSW v Children's Guardian [2017] NSWCATAD 326 CTM v Children's Guardian [2016] NSWCATAD 280 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 M v M (1988) 166 CLR 69 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH (2006) 231 CLR 1 Office of the Children's Guardian v CFW [2016] NSWSC 1406 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: DTA (Applicant) Children's Guardian (Respondent) Representation: Counsel: DTA (Applicant self-represented) M Giacomo (Respondent)