DTV v Children’s Guardian [2019] NSWCATAD 244

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DTV v Children's Guardian [2019] NSWCATAD 244 Hearing dates: 2 September 2019 Date of orders: 03 December 2019 Decision date: 03 December 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member L Houlahan, General Member Decision: (1) The decision of the respondent dated 30 January 2018 to cancel the applicant's working with children check clearance is set aside. (2) In substitution for this decision the following decision is made: the applicant is to be granted a working with children check clearance. Catchwords: CHILD protection – Working with children – No real and appreciable risk – Criminal record – Assaults – Apprehended Violence Orders – Traumatic upbringing – Health worker – Support by Children's Guardian for applicant. Legislation Cited: Child Protection (Working with Children) Act 2012 Crimes (Sentencing Procedure) Act 1999 Cases Cited: BKE v Office of Children's Guardian [2015] NSWSC 523 CHB v Children's Guardian [2016] NSWCATAD 214 Children's Guardian v BLF [2016] NSWSC 1206 Children's Guardian v CKF [2017] NSWSC 893 at [55]; Children's Guardian v CXZ [2019] NSWSC 1083 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 DAR v Children's Guardian [2018] NSWSC 942 M v M (1988) 166 CLR 69; [1988] HCA 68.

Mielczarek v Commissioner of Police, NSW Police Force (No 2) [2016] NSWCATAP 255 Office of the Children's Guardian v CFW [2016] NSWCA 1406 Secretary, Department of Justice v LMB; Secretary, Department of Justice v PMY [2012] VSCA 143 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Texts Cited: None cited Category: Principal judgment Parties: DTV (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)