GPC v Children's Guardian

Case [2025] NSWCATAD 222

Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: GPC v Children’s Guardian [2025] NSWCATAD 222
Hearing dates: 10 April 2025
19 June 2025
Date of orders: 18 September 2025
Decision date: 18 September 2025
Jurisdiction:Administrative and Equal Opportunity Division
Before: J Smith, Senior Member
E Hayes, General Member
Decision:

The Tribunal affirms the decision under review.

Catchwords:

ADMINISTRATIVE LAW – child protection – working with children check clearance – refusal of clearance - risk assessment - real and appreciable risk to the safety of children

Legislation Cited:

Administrative Decisions Review Act 1997 (NSW)

Child Protection (Working with Children) Act 2012 (NSW)

Civil and Administrative Tribunal Act 2013 (NSW)

Cases Cited:

BKE v Office of the Children’s Guardian [2015] NSWSC 523

Children’s Guardian v CF1 [2020] NSWSC 1673

Children’s Guardian v CFW [2016] NSWSC

CMT v Children’s Guardian [20167] NSWCATAD 280

Commission for Children and Young People v FZ [2011] NSWCA 111

CXZ v Children's Guardian [2020] NSWCA 338

CYY v Children’s Guardian (No 2) [2017] NSWCATAD 262

DAR v Children’s Guardian [2018] NSWSC 942

GDB v Secretary, Department of Education [2025] NSWCATAD 96

GLB v Children’s Guardian [2025] NSWCATAD 126

GQT v Children's Guardian [2025] NSWCATAD 109

M v M (1988) 166 CLR 69; [1988] HCA 68

Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41

Minister of Transport v FV (GD) [2008] NSWADTAP 60

Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10

Pollock v New South Wales Trustee & Guardian [2022] NSWSC 923

Roberts v Balancio (1987) 8 NSWLR 436

Sullivan v Civil Aviation Authority [2014] FCAFC 93

Tilley v Children’s Guardian [2017] NSWCA 174

YG & GG v Minister for Community Services [2002] NSWCA 247

Texts Cited:

None

Category:Principal judgment
Parties: GPC (Applicant)
Children’s Guardian (Respondent)
Representation:

Counsel:
J Curtin (Respondent)

Solicitors:
Abbas Jacobs Lawyers (Applicant)
Crown Solicitor (Respondent)
File Number(s): 2024/00298990
Publication restriction: The publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).

REASONS FOR DECISION

Decision

  1. The Applicant seeks a review of a decision made by the Respondent to cancel his Working with Children’s Check (WWCC) clearance (“clearance”).

  2. The Tribunal has determined that the correct and preferable decision is to affirm the decision under review because, for the reasons set out below, the Tribunal has assessed that the Applicant poses a risk to the safety of children.

Background

  1. On 31 January 2023, the Applicant applied for a clearance. The Applicant seeks a clearance to be able to adopt a child with his wife, and to be able to work with children in the future.

  2. On 8 February 2023, the Respondent notified the Applicant that it was conducting a risk assessment and had imposed an interim bar on his clearance. The reason for the risk assessment included that the Respondent had received information that:

  1. In…

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AGLC
GPC v Children's Guardian [2025] NSWCATAD 222
Case
[2025] NSWCATAD 222
Decision Date

CaseChat Overview and Summary

The parties involved in this case were the Guardian ad litem (GPC) and the Children's Guardian. The dispute arose from the Children's Guardian's refusal to grant the GPC a working with children check clearance. This clearance is necessary for individuals who wish to work with children in various capacities, and its denial can have significant implications for the applicant's professional and personal life. The matter was heard by the Administrative Appeals Tribunal of Australia.

The primary legal issue before the tribunal was whether the Children's Guardian's decision to refuse the GPC a working with children check clearance was lawful. This involved determining whether the Guardian's risk assessment, which was based on the real and appreciable risk to the safety of children, was justified and reasonable. The tribunal had to assess whether the Guardian's decision was based on a proper consideration of all relevant factors and whether the decision was within the scope of the statutory powers of the Children's Guardian.

The tribunal found that the Children's Guardian's decision to refuse the GPC a working with children check clearance was lawful. The tribunal determined that the risk assessment conducted by the Guardian was reasonable and that the decision was based on a proper consideration of all relevant factors. The tribunal also found that the Guardian's decision was within the scope of the statutory powers of the Children's Guardian. The tribunal affirmed the decision under review, upholding the Guardian's decision to refuse the GPC a working with children check clearance.

Orders

Orders of the court

The Tribunal affirms the decision under review.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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