DWG v Children’s Guardian [2020] NSWCATAD 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DWG v Children's Guardian [2020] NSWCATAD 49 Hearing dates: 11 November 2019 Date of orders: 12 January 2020 Decision date: 12 February 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member M Bolt, General Member Decision: (1) The decision of the respondent, made on 28 November 2016, 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 the applicant a working with children check clearance. Catchwords: ADMINISTRATIVE LAW – Child Protection – review of decision to refuse application for a working with children check clearance following a risk assessment – assessment trigger offences of common assault and assault causing grievous bodily harm in 1999, 2003 and 2010 – factors to be considered in the conduct of a risk assessment – whether a real and appreciable risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection Legislation Amendment Act 2015 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Amendment (Statutory Review) Act 2018 (NSW) Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 YG & GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None cited Category: Principal judgment Parties: DWG (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Giacomo (Respondent)