DWD v Children’s Guardian [2019] NSWCATAD 251

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DWD v Children's Guardian [2019] NSWCATAD 251 Hearing dates: 11 November, 20 November 2019 Date of orders: 09 December 2019 Decision date: 09 December 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member A Limbury, General Member Decision: The decision of the Children's Guardian dated 18 April 2018 to cancel the applicant's working with children check clearance is affirmed. Catchwords: CHILD protection – Working with children – Cancellation of Working with Children Check Clearance - Diagnosis of Paedophilic Disorder – Medical treatment management - No criminal record –Reasonable Person Test – Cancellation decision affirmed. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Cases Cited: BKE v Office of Children's Guardian [2015] NSWSC 523 at [33]; Children's Guardian v CKF [2017] NSWSC 893 at [55]; Children's Guardian v CXZ [2019] NSWSC 1083; DAR v Children's Guardian [2018] NSWSC 942; M v M (1988) 166 CLR 69; [1988] HCA 68; Office of the Children's Guardian v CFW [2016] NSWCA 1406) VQB v The Secretary to the Department of Justice [2013] VCAT 789 Texts Cited: Diagnostic and Statistical Manual of Mental Health Disorders (DSM-5) Category: Principal judgment Parties: DWD (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Higgins (Respondent)