EAA v Children’s Guardian [2020] NSWCATAD 32

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EAA v Children's Guardian [2020] NSWCATAD 32 Hearing dates: 20 January 2020 Date of orders: 20 January 2020 Decision date: 29 January 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Prof P Foreman, General Member Decision: (1) The decision of the respondent dated 14 August 2019 to refuse the applicant's application for a working with children check clearance is set aside. (2) In substitution, a decision is made to grant a working with children clearance to the applicant. Catchwords: ADMINISTRATIVE LAW – refusal of working with children check clearance – applicant charged with indecent assault but acquitted of all charges – factors to be considered – correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Cases Cited: BKE v Office of the Children's Guardian [2015] NSWSC 523 DAI v Children's Guardian [2018] NSWCATAD 308 Texts Cited: None cited Category: Principal judgment Parties: EAA (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)

Solicitors: AJH Law (Applicant) Crown Solicitor (Respondent) File Number(s): 2019/00284734 Publication restriction: With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited, pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013.