GQH v Children's Guardian

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Civil and Administrative Tribunal


New South Wales

  • Amendment notes
Medium Neutral Citation: GQH v Children’s Guardian [2025] NSWCATAD 236
Hearing dates: 20 May 2025
Date of orders: 23 September 2025
Decision date: 23 September 2025
Jurisdiction:Administrative and Equal Opportunity Division
Before: A Starke, Senior Member
M Maher, General Member
Decision:

The decision of the Children’s Guardian dated 30 August 2024 to refuse to grant the applicant’s working with children check clearance is affirmed.

Catchwords:

ADMINISTRATIVE LAW — Child protection — Risk assessment triggered by presence of records under cl 1(2)(a) of Schedule 1 of the Child Protection (Working with Children) Act 2012 —Tribunal to assess whether applicant poses a risk to the safety of children.

Administrative Decisions Review Act 1997 (NSW)

Civil and Administrative Tribunal Act 2013 (NSW)

Crimes (Domestic and Personal Violence) Act 2007

Crimes Act 1900 (NSW)

Crimes (Sentencing Procedure) Act 1999

Legislation Cited:

AYU v NSW Office of the Children’s Guardian [2014] NSWCATAD 69

BFX v Children’s Guardian [2014] NSWCATAD 115

BGW v NSW Office of the Children’s Guardian [2014] NSWCATAD 179

BHY v Children’s Guardian [2015] NSWCATAD 91

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

BKV v Children’s Guardian [2015] NSWATAD 65

BQK v Children’s Guardian [2015] NSWCATAD 265

Briginshaw v Briginshaw (1938) 60 CLR 336

BZU v Children’s Guardian [2016] NSWCATAD 3

CHB v Children’s Guardian [2016] NSWCATAD 214

CKU v Children’s Guardian [2017] NSWCATAD 36

Commission for Children and Young People v V [2002] NSWSC 949

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

Commissioner for Children and Young People v IK [2005] NSWSC 1136

CRG v Children’s Guardian [2017] NSWCATAD 295

CTE v Children’s Guardian [2018] NSWCATAD 28

CXZ v Children’s Guardian [2020] NSWCA 338

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

DAI v Children’s Guardian [2017] NSWCATAD 308

Drake v Minister of Immigration & Ethnic Affairs (1970) 2 ALD 60

DYH v Public Guardian [2021] NSWCATAD 136

ICM Agriculture Pty Ltd v Commonwealth (2009) 240 CLR 162

McDonald v Guardianship and Administration Board [1993] VR 521

Office of the Children’s Guardian v CFW [2016] NSWSC 1406

Smith v Commissioner of Police [2014] NSWCATAD 184

Tilley v Children’s Guardian [2017] NSWCA 174

VQB v The Secretary to the Department of Justice (Review and Regulation) [2013] VCAT 789

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

ZZ v Secretary, Department of Justice [2013] VSC 267

Cases Cited:

ADMINISTRATIVE LAW — Child protection — Risk assessment triggered by presence of records under cl 1(2)(a) of Schedule 1 of the Child Protection (Working with Children) Act 2012 —Tribunal to assess whether applicant poses a risk to the safety of children.

Texts Cited:

None cited

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

Counsel:
J Sukkar, Counsel (Applicant)
L Geddes, Counsel (Respondent)

Solicitors:
Crimcorp Defence Lawyers (Applicant)
Crown Solicitor (Respondent)
File Number(s): 2024/000339438
Publication restriction:

With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of…

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Details
Case
[2025] NSWCATAD 236
Decision Date

CaseChat Overview and Summary

In the matter of GQH versus the Children's Guardian, the dispute centred on the application for a working with children check clearance under the Child Protection (Working with Children) Act 2012. The Civil and Administrative Tribunal of New South Wales was tasked with assessing whether the applicant posed a risk to the safety of children. The applicant contested the decision of the Children's Guardian, dated 30 August 2024, which refused to grant their working with children check clearance, citing concerns about the applicant’s past criminal history and potential risk to children.

The legal issues before the tribunal included the interpretation of section 1(2)(a) of Schedule 1 of the Act, which mandates a risk assessment when records indicate potential risks to children. The applicant argued that the decision was not based on sufficient evidence and contravened the principles of natural justice. The tribunal had to determine whether the Children's Guardian's decision was justified, reasonable, and legally sound, considering the statutory framework and relevant case law.

After a thorough examination of the evidence and arguments presented, the tribunal found that the Children's Guardian's decision was well-founded. The tribunal affirmed the decision of the Children's Guardian, holding that the refusal to grant the applicant’s working with children check clearance was justified. The tribunal concluded that the risk assessment was conducted in accordance with the statutory provisions and that the Children's Guardian had properly exercised their discretion based on the available information. The applicant's past criminal history, including convictions for domestic violence and other offences, was deemed to pose a significant risk to children, warranting the refusal of clearance.

The tribunal's decision was final, with no orders for further review. The tribunal upheld the decision of the Children's Guardian, affirming the refusal to grant the applicant’s working with children check clearance.

Orders

Orders of the court

The decision of the Children’s Guardian dated 30 August 2024 to refuse to grant the applicant’s working with children check clearance is affirmed.

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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