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 2025Date of orders: 18 September 2025 Decision date: 18 September 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: J Smith, Senior Member
E Hayes, General MemberDecision: 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
Texts Cited: None
Category: Principal judgment Parties: GPC (Applicant)
Children’s Guardian (Respondent)Representation: Counsel:
Solicitors:
J Curtin (Respondent)
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
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The Applicant seeks a review of a decision made by the Respondent to cancel his Working with Children’s Check (WWCC) clearance (“clearance”).
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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
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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.
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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:
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 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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