DOY v Children’s Guardian [2019] NSWCATAD 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DOY v Children's Guardian [2019] NSWCATAD 150 Hearing dates: 4 February 2019, 11 March 2019 Date of orders: 31 July 2019 Decision date: 31 July 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member A Limbury, General Member Decision: (1) The decision of the respondent dated 12 September 2018 to cancel the applicant's Working With Children Check Clearance is affirmed. Catchwords: ADMINISTRATIVE LAW – child protection – working with children – risk to children whether risk real and appreciable– allegations – circumstances of allegations – weight of evidence - balance of probabilities- history of allegations – whether adverse inference available – whether positive findings can be made – adverse findings about risk of harm Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 BKE v Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34: 60 CLR 336 CG v Commissioner for Children and Young People 2002 ADT. (unreported) Children's Guardian v CKF [2017] NSWSC 893 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 M v M (1988) 166 CLR (HCA) Office of the Children's Guardian v CFW [2016] NSWSC 1406 R v Commission for Children and Young People [2002] NSWIRComm 101 Re: Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88. Sahrani v Hadrami (2018) Fam CAFC 170 Texts Cited: Nil Category: Principal judgment Parties: DOY (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)