DCY v Children’s Guardian [2019] NSWCATAD 274

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DCY v Children's Guardian [2019] NSWCATAD 274 Hearing dates: 4 July 2019 Date of orders: 04 July 2019 Decision date: 04 July 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member S Davison, General Member Decision: 1. The decision of the respondent dated 12 May 2017 to cancel the applicant's working with children check clearance is set aside. 2. In substitution for this decision the following decision is made: the applicant is to be granted a working with children check clearance. Catchwords: CHILD protection – Working with children – No real and appreciable risk – Conviction for common assault against infant daughter – Offence involved recklessness with no other maliciousness or intention involved – Child initially removed from applicant – Applicant now has regular contact with child -- Respondent neither opposed nor supported the orders sought by the applicant. Legislation Cited: Child Protection (Working with Children) Act 2012 Crimes (Sentencing Procedure) Act (NSW) Cases Cited: CHB v Children's Guardian [2016] NSWCATAD 214 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 Mielczarek v Commissioner of Police, NSW Police Force (No 2) [2016] NSWCATAP 255 Secretary, Department of Justice v LMB; Secretary, Department of Justice v PMY [2012] VSCA 143 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Category: Principal judgment Parties: DCY (Applicant)