DXQ v Children’s Guardian [2020] NSWCATAD 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DXQ v Children's Guardian [2020] NSWCATAD 56 Hearing dates: 9 and 18 December 2019 Date of orders: 18 February 2020 Decision date: 18 February 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: L Organ, Senior Member E Hayes, General Member Decision: (1) The decision of the respondent, made on 12 June 2019, to refuse the applicant's application for a working with children check clearance is set aside. (2) In substitution for that decision a decision is made to grant the applicant with a working with children check clearance. Catchwords: ADMINISTRATIVE LAW - refusal of working with children check clearance – applicant convicted of assault and grievous bodily harm charges – factors to be considered – correct and preferable decision Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Child Protection (Working with Children) Amendment (Statutory Review) Act 2018 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Commission for Children and Young People v V [2002] NSWSC 949 BKE v Office of the Children's Guardian [2015] NSWSC 523 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Texts Cited: None cited Category: Principal judgment Parties: DXQ (Applicant) Children's Guardian (Respondent) Representation: Counsel: P Lowson (Respondent)