GTX v Children's Guardian

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Civil and Administrative Tribunal


New South Wales

  • Amendment notes
Medium Neutral Citation: GTX v Children’s Guardian [2025] NSWCATAD 278
Hearing dates: 25 September 2025, 3 November 2025 and 4 November 2025
Date of orders: 13 November 2025
Decision date: 13 November 2025
Jurisdiction:Administrative and Equal Opportunity Division
Before: A Starke, Senior Member
J Herberte, General Member
Decision:

The decision of the Children’s Guardian dated 20 December 2024 to place an Interim Bar on the applicant’s working with children check clearance is affirmed pending finalisation of the Children’s Guardian’s risk assessment.

Catchwords:

ADMINISTRATIVE LAW — Application for review under s 27(3) of Child Protection (Working with Children) Act 2012 — Interim Bar placed on the applicant’s clearance pending a risk assessment to decide whether the clearance should be reinstated or cancelled — Report made by former foster child that she had been sexually assaulted by the applicant and an allegation that the applicant’s ex-wife failed to act protectively towards the child — Tribunal to assess whether applicant poses a risk to the safety of children.

Legislation Cited:

Administrative Decisions Review Act 1997 (NSW)

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

Children and Young Persons (Care and Protection) Act 1988 (NSW)

Civil and Administrative Tribunal Act 2013 (NSW)

Cases Cited:

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

BFX v Children’s Guardian [2014] NSWCATAD 115

BHY v Children’s Guardian [2015] NSWCATAD 91

BJB v The Children’s Guardian (No 2) [2014] NSWCATAD 164

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

Briginshaw v Briginshaw (1938) 60 CLR 336

CHB v Children’s Guardian [2016] NSWCATAD 214

Children’s Guardian v BRL [2016] NSWSC 1206

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

FZ v Commissioner for Children and Young Persons [2010] NSWSC 1144

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

McDonald v Guardianship and Administration Board [1993] VR 521

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

Texts Cited:

None cited

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

Counsel:
K McCallum (Applicant)
B Dean (Respondent)

Solicitors:

T Elliot-Orr (Applicant)
Crown Solicitor (Respondent)
File Number(s): 2025/00249659
Publication restriction:

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

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Details
Case
[2025] NSWCATAD 278
Decision Date

CaseChat Overview and Summary

In the case of GTX v Children's Guardian, the applicant, GTX, sought a review of the decision made by the Children’s Guardian to place an interim bar on his clearance for working with children. This decision was based on a report from a former foster child alleging that GTX had sexually assaulted her, and a further allegation that GTX’s ex-wife did not take adequate protective action towards the child. The tribunal was tasked with determining whether GTX posed a risk to the safety of children.

The primary legal issue before the court was whether the Children’s Guardian had acted lawfully and reasonably in placing an interim bar on GTX's working with children clearance pending a full risk assessment. The court needed to consider the evidence provided, the statutory framework under the Child Protection (Working with Children) Act 2012, and the principles of administrative law, including the requirement for a fair and unbiased assessment of the risks involved.

The tribunal examined the evidence presented, including the allegations made by the former foster child, and weighed this against the statutory obligations and procedural fairness required by the Act. The court found that the Children’s Guardian had acted within their statutory powers in placing an interim bar on GTX's clearance. The decision to await the outcome of the risk assessment was deemed reasonable, given the serious nature of the allegations and the potential risk to children's safety. The tribunal concluded that the interim measure was justified and affirmed the decision of the Children’s Guardian.

The court’s final order was that the decision of the Children’s Guardian dated 20 December 2024 to place an interim bar on GTX’s working with children clearance is affirmed. This decision will remain in effect pending the finalisation of the Children’s Guardian’s risk assessment.

Orders

Orders of the court

The decision of the Children’s Guardian dated 20 December 2024 to place an Interim Bar on the applicant’s working with children check clearance is affirmed pending finalisation of the Children’s Guardian’s risk assessment.

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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