DSF v Children’s Guardian [2019] NSWCATAD 186

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DSF v Children's Guardian [2019] NSWCATAD 186 Hearing dates: 17 July 2019 Date of orders: 09 September 2019 Decision date: 09 September 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant, Senior Member L Houlahan, Senior Member Decision: The decision of the Children's Guardian to refuse the applicant a Working with Children Check clearance is affirmed. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – applicant charged with two charges of indecent assault of a child but charges did not proceed – untested allegations - whether applicant poses a risk to safety of children – assessment of risk – correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibitive Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BHA v Children's Guardian [2014] NWCATAD 161 BJB v Children's Guardian (No. 2) [2014] NSWCATAD 164 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 CHB v Children's Guardian (2016) NSWCATAD 214 CMA v Children's Guardian (2016) NSWCATAD 264 Commission for Children and Young People v FZ (2011) NSWCA 111 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V (2002) NSWSC 949 Commission for Children and Young People v Y [2002] NSWCA 949 McDonald v Director General of Social Security (1984)1 FCR 354; 6 ALD 6 Neat Holdings Pty Ltd v Karjan Holdings Pty Ltd [1992] HCA 66; (1992) 110 ALR 449 R v Commission for Children and Young People [2002] NSWlRComm 101 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No.2) (1981) 3 ALD 88 Smith v Commissioner Police 2014 NSWCATAD 184. Category: Principal judgment Parties: DSF (Applicant) Children's Guardian (Respondent) Representation: Counsel: S Swami (Respondent)