GQT v Children's Guardian - [2025] NSWCATAD 109

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: GQT v Children’s Guardian [2025] NSWCATAD 109
Hearing dates: 24 February 2025
Date of orders: 19 May 2025
Decision date: 19 May 2025
Jurisdiction: Administrative and Equal Opportunity Division
Before: L Bryant, Senior Member
R Royer, General Member
Decision:
(1) The decision of the Children's Guardian to refuse the applicant's application for a working with children check clearance is affirmed.
(2) Pursuant to s 64(1)(b) and s 64(1)(c) of the Civil and Administrative Tribunal Act, other than to the Tribunal and respondent, publication and broadcast of the transcript and recording of the hearing of those parts of the hearing which took place in private and in the absence of the applicant is prohibited.
(3) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act, other than to the Tribunal and respondent, the publication of the contents of all paragraphs in these Reasons marked “[NOT FOR PUBLICATION]” other than the words in those brackets is prohibited.
(4) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act, other than to the Tribunal and respondent, the disclosure of the confidential evidence filed by the respondent in these proceedings is prohibited.

Catchwords:
ADMINISTRATIVE LAW — Application for review under s 27 of Child Protection (Working with Children) Act 2012 — untested allegations of child sexual assault — confidentiality orders for confidential police documents — whether the applicant poses a risk to the safety of children

Legislation Cited:
Administrative Decisions Review Act 1997
Child Protection (Working with Children) Act 2012
Child Protection (Working with Children) Regulation 2013
Civil and Administrative Tribunal Act 2013
Crimes Act 1900

Cases Cited:
BKE v Office of the Children's Guardian [2015] NSWSC 523
Brennan v State of New South Wales [2006] NSWSC 167
CDX v Children’s Guardian [2016] NSWCATAD 17
Children’s Guardian v CVE [2017] NSWSC 1342
Commissioner for Children and Young People v FZ [2011] NSWCA 111
Commission for Children and Young People v V [2002] NSWSC 949
CXZ v Children’s Guardian [2020] NSWCA 338
Libdy v Commissioner of Police [2021] NSWCATAD 122
Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1
YG and GG v Minister for Community Services [2002] NSWCA 247

Texts Cited:
None cited

Category: Principal judgment
Parties: GQT (Applicant)
Children’s Guardian (Respondent)
Representation:
Applicant (self-represented)
Crown Solicitor (Respondent)

File Number(s): 2024/00360776
Publication restriction: With the exception of expert witnesses and officers of government agencies, the disclosure by way of 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. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013.
Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.

REASONS FOR DECISION

Introduction

The Children’s Guardian refused the applicant a…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWCATAD 109
Decision Date: 19 May 2025

CaseChat Overview and Summary

GQT, an applicant, sought a working with children check clearance from the Children's Guardian, which was refused. GQT applied for a review of this decision under section 27 of the Child Protection (Working with Children) Act 2012. The application raised issues of administrative law, particularly concerning untested allegations of child sexual assault and the confidentiality of police documents. The case was heard in the Civil and Administrative Tribunal of New South Wales.

The primary legal issue before the Tribunal was whether GQT posed a risk to the safety of children, justifying the refusal of the working with children check clearance. The applicant argued that the allegations against them were untested and not substantiated. They further contended that the Guardian had not properly considered the confidential police documents in making the decision. The Guardian maintained that the allegations, though untested, were serious enough to warrant a refusal of the clearance.

The Tribunal found that the Guardian's decision to refuse the clearance was supported by the evidence. The Tribunal noted that the nature of the allegations, even if untested, carried significant weight. Furthermore, the Guardian had appropriately considered the confidential police documents, and the applicant had not provided compelling evidence to counter the risk assessment made by the Guardian. The Tribunal upheld the Guardian's decision, affirming that GQT posed a potential risk to children's safety. Confidentiality orders were also imposed to protect the sensitive information involved in the case.

The Tribunal's final orders affirmed the Guardian's decision to refuse GQT's application for a working with children check clearance. Additionally, the Tribunal imposed restrictions on the publication and broadcast of certain parts of the hearing, as well as the contents of specific paragraphs in the reasons for the decision. These measures were intended to protect the privacy and safety of individuals involved in the case, particularly in light of the sensitive nature of the allegations.

Orders

Orders of the court

(1) The decision of the Children's Guardian to refuse the applicant's application for a working with children check clearance is affirmed.

(2) Pursuant to s 64(1)(b) and s 64(1)(c) of the Civil and Administrative Tribunal Act, other than to the Tribunal and respondent, publication and broadcast of the transcript and recording of the hearing of those parts of the hearing which took place in private and in the absence of the applicant is prohibited.

(3) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act, other than to the Tribunal and respondent, the publication of the contents of all paragraphs in these Reasons marked “[NOT FOR PUBLICATION]” other than the words in those brackets is prohibited.

(4) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act, other than to the Tribunal and respondent, the disclosure of the confidential evidence filed by the respondent in these proceedings is prohibited.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	GQT v Children’s Guardian [2025] NSWCATAD 109
Hearing dates:	24 February 2025
Date of orders:	19 May 2025
Decision date:	19 May 2025
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	L Bryant, Senior Member R Royer, General Member
Decision:	(1) The decision of the Children's Guardian to refuse the applicant's application for a working with children check clearance is affirmed. (2) Pursuant to s 64(1)(b) and s 64(1)(c) of the Civil and Administrative Tribunal Act, other than to the Tribunal and respondent, publication and broadcast of the transcript and recording of the hearing of those parts of the hearing which took place in private and in the absence of the applicant is prohibited. (3) Pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act, other than to the Tribunal and respondent, the publication of the contents of all paragraphs in these Reasons marked “[NOT FOR PUBLICATION]” other than the words in those brackets is prohibited. (4) Pursuant to s 64(1)(d) of the Civil and Administrative Tribunal Act, other than to the Tribunal and respondent, the disclosure of the confidential evidence filed by the respondent in these proceedings is prohibited.
Catchwords:	ADMINISTRATIVE LAW — Application for review under s 27 of Child Protection (Working with Children) Act 2012 — untested allegations of child sexual assault — confidentiality orders for confidential police documents — whether the applicant poses a risk to the safety of children
Legislation Cited:	Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Civil and Administrative Tribunal Act 2013 Crimes Act 1900
Cases Cited:	BKE v Office of the Children's Guardian [2015] NSWSC 523 Brennan v State of New South Wales [2006] NSWSC 167 CDX v Children’s Guardian [2016] NSWCATAD 17 Children’s Guardian v CVE [2017] NSWSC 1342 Commissioner for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949 CXZ v Children’s Guardian [2020] NSWCA 338 Libdy v Commissioner of Police [2021] NSWCATAD 122 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1 YG and GG v Minister for Community Services [2002] NSWCA 247
Texts Cited:	None cited
Category:	Principal judgment
Parties:	GQT (Applicant) Children’s Guardian (Respondent)
Representation:	Applicant (self-represented) Crown Solicitor (Respondent)
File Number(s):	2024/00360776
Publication restriction:	With the exception of expert witnesses and officers of government agencies, the disclosure by way of 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. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013. Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.