DCV v Children's Guardian

[2018] NSWCATAD 21

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	DCV v Children’s Guardian [2018] NSWCATAD 21
Hearing dates:	8 September 2017, Submissions closed 16 October 2017
Date of orders:	24 January 2018
Decision date:	24 January 2018
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	J McAteer, Senior Member Dr B Field, General Member
Decision:	(1) The decision of the respondent dated 2 May 2017 to refuse the applicant’s Working with Children Check Clearance is affirmed.
Catchwords:	ADMINISTRATIVE LAW – child protection – Working with children – Pattern of incidents – Risk assessment adverse – Likelihood of reoccurrence
Legislation Cited:	Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Child Protection (Prohibited Employment) Act 1998 (Repealed) Civil and Administrative Tribunal Act 2013
Cases Cited:	AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 BKE v Children’s Guardian [2015] NSWSC 523 CGP v Children’s Guardian [2017] NSWCATAD 12 BGW v NSW Office of the Children’s Guardian [2014] NSWCATAD 179 Children’s Guardian v CKF [2017] NSWSC 893 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 M v M (1988) 166 CLR (HCA) Office of the Children’s Guardian v CFW [2016] NSWSC 1406 R v Commission for Children and Young People [2002] NSWIRComm 101 Re: Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88.
Texts Cited:	Nil
Category:	Principal judgment
Parties:	DCV (Applicant) Children’s Guardian (Respondent)
Representation:	Counsel: A Douglas-Baker (Respondent)   Solicitors: Rams Family Lawyers (Applicant) NSW Crown Solicitor’s Office (Respondent)
File Number(s):	2017/00168250
Publication restriction:	Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the Tribunal restricts disclosure of the name of the applicant, his victims or of evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons.

REASONS FOR decision

Introduction

1. On 2 June 2017 the applicant applied for administrative review in the Tribunal of a decision of the respondent to refuse the applicant’s working with children check clearance. That decision was made on 2 May 2017.

2. The Applicant in these proceedings is referred to as "DCV". DCV is the applicant's pseudonym used in these proceedings in conformity with the order referred to in par 4 (below).

3. The applicant seeks a finding by the Tribunal that he does not pose a risk to children. Based on a consideration of all of the evidence and material submitted by the parties in the proceedings, and the provisions of s 30(1) of the Child Protection (Working with Children) Act 2012 (the Act), the Tribunal finds that the applicant is currently a real and appreciable risk to the safety and well-being of children and young persons. We note…