Children’s Guardian v CXZ [2019] NSWSC 1083

Supreme Court New South Wales

Medium Neutral Citation: Children's Guardian v CXZ [2019] NSWSC 1083 Hearing dates: 16 November 2018 Date of orders: 22 August 2019 Decision date: 22 August 2019 Jurisdiction: Common Law Before: Walton J Decision: The Children's Guardian shall bring in short minutes of order reflecting this judgment within 14 days of the publication of this judgment. Catchwords: ADMINISTRATIVE LAW – judicial review – appeal from decision of New South Wales Civil and Administrative Tribunal – Working with Children Clearance – principles to be applied by Tribunal in considering risk – whether failure to apply principles in M v M – whether failure to properly consider risk in relation to allegations – whether failure to assess cumulative weight of allegations – whether inadequate reasons provided by the Tribunal – directions Legislation Cited: Administrative Decisions Act 1997 (NSW) Child Protection (Prohibited Employment) Act 1998 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Court Suppression and Non-Publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Family Court Act 1975 (Cth) Cases Cited: A169 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 8 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630; [2003] FCAFC 184 BKE v Office of Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] ALR 334 BVT v Office of Children's Guardian [2016] NSWSC 1169 CFJ v Office of the Children's Guardian [2016] NSWSC 1625 CGD v Children's Guardian [2018] NSWSC 776 Children's Guardian v CFW [2016] NSWSC 1406 Children's Guardian v CKF [2017] NSWSC 893 Children's Guardian v BRL [2016] NSWSC 1206 CLD v Children's Guardian [2017] NSWSC 936 CMD v NSW Office of Children's Guardian [2018] NSWSC 1348 Commission for Children and Young People v V (2003) 56 NSWLR 476; [2002] NSWSC 949 Commissioner for Children and Young Persons v FZ [2011] NSWCA 111 CXZ v Children's Guardian [2018] NSWCATAD 36 DAR v Children's Guardian [2018] NSWSC 942 FZ v Commissioner for Children and Young People [2010] NSWSC 1144 House v King (1936) 55 CLR 499; [1936] HCA 40 M v M (1988) 166 CLR 69; [1988] HCA 68 McGinn v Ashfield Council [2012] NSWCA 238 Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139R v Hunt; ex parte Sean Investments Pty Ltd (1979) 180 CLR 322 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Category: Principal judgment Parties: Children's Guardian (Plaintiff) CXZ (Defendant) Representation: Counsel: P Singleton with L Beange (Plaintiff) L Andelman (Defendant)