DDC v Children's Guardian

[2017] NSWCATAD 318

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

DDC v Children’s Guardian [2017] NSWCATAD 318

Hearing dates:

18 September 2017

Date of orders:

31 October 2017

Decision date:

31 October 2017

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

J Anderson, Senior Member
A Limbury, General Member

Decision:

(1) The decision of the respondent dated 26 May 2017 is set aside.

 

(2) In substitution for that decision, the following order is made; The applicant is granted a working with children check clearance.

 (3) The disclosure of the name of the applicant and any victim or child referred to in these reasons is prohibited.

Catchwords:

ADMINISTRATIVE LAW – review under section 27 Child Protection (Working with Children) Act 2012 – refusal of working with children check clearance – where applicant was convicted as a child of offences of violence - whether the applicant poses a risk to the safety of children

Legislation Cited:

Administrative Decisions Review Act 1997
Child Protection (Prohibited Employment) Act 1998 (Repealed)
Child Protection (Working with Children) Act 2012
Civil and Administrative Tribunal Act 2013

Cases Cited:

Commission for Children and Young People v V [2002] NSWSC 949
BKE v Office of the NSW Children’s Guardian [2015] NSWSC 523
BJB v Office of the Children’s Guardian [2014] NSWCATAD 111
CFJ v Children’s Guardian [2016] NSWCATAD 62.
CJT v Office of the Children’s Guardian [2016] NSWSC 738

Category:

Principal judgment

Parties:

DDC (Applicant)
Children’s Guardian (Respondent)

Representation:

In Person (Applicant)

 

Counsel:
Ms Douglas-Baker (Respondent)

  Solicitors:
NSW Crown Solicitor’s Office (Respondent)

File Number(s):

2017/00185808

Publication restriction:

See order (3).

REASONS FOR DECISION

1. The applicant seeks review of the decision of the respondent (the Children’s Guardian) to refuse his application for a working with children check clearance.

2. The applicant is a 23 year old man who lives with his fiancé in regional New South Wales. He works as an enrolled nurse in a residential aged care facility.

3. On 13 May 2016, the applicant applied to the respondent for a working with children check clearance. On 26 May 2017, the respondent notified the applicant of its decision to refuse him a working with children check clearance.

4. On 19 June 2017, the applicant applied to the Tribunal for a review of the respondent’s decision. The applicant seeks a working with children check clearance in order to meet the requirements of his further nursing studies and to accept an offer of employment at a local hospital.

The working with children legislative scheme

5. The object of the Child Protection (Working with Children) Act 2012 (“the Act”) is to protect children by not permitting disqualified persons, or persons without clearances, to engage in child-related work, and by requiring persons engaged in child-related work to have working with children check clearances.

6. A person may apply to the Children’s Guardian for a working with children check clearance.

7. A person is subject to a risk assessment by the Children’s Guardian if any of the matters specified in Schedule 1 of the Act apply. This includes circumstances where…