DPG v Children’s Guardian [2019] NSWCATAD 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DPG v Children's Guardian [2019] NSWCATAD 160 Hearing dates: 12 April 2019 Date of orders: 14 August 2019 Decision date: 14 August 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S. Scarlett, Senior Member P. Foreman, General Member Decision: The decision of the Children's Guardian made on 19 September 2018 not to grant the Applicant a Working with Children Check clearance is affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review – application for enabling order under section 18 Child Protection (Working with Children) Act 2012 NSW – applicant a Disqualified Person – child protection – what is the correct and preferable decision having regard to the material before the Tribunal – whether the applicant poses a real and appreciable risk to the safety of children. Legislation Cited: Administrative Decisions Review Act 1999 (NSW), s 58 Child Protection (Working with Children) Act 2012 (NSW) ss 5B, 18, 26, 27, 28, 30 Child Protection (Working with Children) Amendment (Statutory Review) Act 2018 (NSW) Crimes Act 1900 (NSW) ss 61HB, 61HE, 61I, 61KC, 61L Crimes (Sentencing Procedure) Act 1999 (NSW) ss 9, 12 Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 (NSW) Cases Cited: BKG v Children's Guardian [2015] NSWCATAD 75. Texts Cited: None cited Category: Principal judgment Parties: DPG (Applicant) Children's Guardian (Respondent) Representation: Counsel: Ms Swami (Respondent)