DWY v Children's Guardian [2020] NSWCATAD 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DWY v Children's Guardian [2020] NSWCATAD 34 Hearing dates: 14 January 2020 Date of orders: 29 January 2020 Decision date: 29 January 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: G Blake, Senior Member M Bolt, General Member Decision: (1) Decision of the respondent made on 9 May 2019 refusing to grant the applicant a working with children check clearance (WWCC clearance) pursuant to s 18(2) of the Child Protection (Working with Children) Act 2012 (NSW) is set aside and in substitution a decision to grant a WWCC clearance to the applicant. (2) An order pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting, 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 including mandatory reporters or risk of harm reporters. Catchwords: ADMINISTRATIVE LAW — Working with children — Application for a working with children check clearance - Whether applicant poses a risk to the safety of children Legislation Cited: Child Protection (Prohibited Employment) Act 1998 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Crimes Act 1900 (NSW) Criminal Code Act 1995 (Cth) Working with Children Act 2005 (Vic) Cases Cited: BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164 BKE v Office of the Children's Guardian [2015] NSWSC 523 BKV v Children's Guardian [2015] NSWCATAD 65 CFJ v Office of the Children's Guardian [2016] NSWSC 1625 Children's Guardian v CKF [2017] NSWSC 893 Children's Guardian v CVE [2017] NSWSC 1342 Children's Guardian v CXZ [2019] NSWSC 1083 CJT v Office of the Children's Guardian [2016] NSWSC 738 CMD v NSW Office of Children's Guardian [2018] NSWSC 1348 Commission for Children and Young People v V [2002] NSWSC 949; (2002) 56 NSWLR 476 CSW v Children's Guardian [2017] NSWCATAD 326 CTM v Children's Guardian [2016] NSWCATAD 280 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 DAR v Children's Guardian [2018] NSWSC 942 DJS v Children's Guardian [2018] NSWCATAD 71 GMO v NSW Office of the Children's Guardian [2018] NSWSC 1348 M v M (1988) 166 CLR 69 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH (2006) 231 CLR 1 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Secretary, Department of Justice v LMB [2012] VSCA 143 ZZ v Secretary, Department of Justice [2013] VSC 267 Texts Cited: None cited Category: Principal judgment Parties: DWY (Applicant) Children's Guardian (Respondent) Representation: Counsel: