DOS v Children’s Guardian [2019] NSWCATAD 231

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DOS v Children's Guardian [2019] NSWCATAD 231 Hearing dates: 24 January 2019, 12 April 2019Submissions closed 15 May 2019 Date of orders: 07 November 2019 Decision date: 07 November 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member L Houlahan, Senior Member Decision: 1. The decision of the respondent dated 16 August 2018 to cancel the applicant's Working With Children Check Clearance is affirmed.

2. The application is dismissed. 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 – pattern of allegations – allegations conceded – whether necessary to make positive findings on all matters – weight of evidence of risk – current risk – expert evidence – future risk – evidence of behaviour that caused harm to children – whether sufficient time to rehabilitate Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Children and Young Persons (Care and Protection)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 Children's Guardian v CKF [2017] NSWSC 893 Children's Guardian v CXZ [2019] NSWSC 1083 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 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 M v M (1988) 166 CLR (HCA) Office of the Children's Guardian v CFW [2016] NSWSC 1406 PJR v Secretary to the Department of Justice (Occupational and Business regulation) [2006] VCAT 2455 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. Category: Principal judgment Parties: DOS (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Giacomo (Respondent)