Master Glass Facades Pty Ltd v Pollak

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	CKK v Children’s Guardian [2017] NSWCATAD 45
Hearing dates:	5 July 2016
Date of orders:	31 January 2017
Decision date:	31 January 2017
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	R Booby Senior Member N Hiffernan General Member
Decision:	(1) The decision of the Children's Guardian dated 19 January 2016 to refuse to grant the applicant a Working with Children check clearance is confirmed (2) Disclosure of the name of the Applicant and of any alleged victim or child is prohibited. 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
Catchwords:	Administrative law – review under section 27 Child Protection (Working with Children) Act 2012 Working with children check – clearance – protective jurisdiction – safety and well- being of children- Applicant found by reporting body to have engaged in sexual misconduct - whether Applicant poses threat to safety of children
Legislation Cited:	Child Protection (Working with Children Act) 2012 NSW Crimes Act 1900 NSW Administrative Decisions Review Act 1997 NSW Civil and Administrative Tribunal Act 2013 NSW Commission for Young Children and Young People Act 1998 NSW Family Law Act 1975 (Cth) Evidence Act 1995 NSW
Cases Cited:	YG & GG v Minister for Community Services [2002] NSWCA 247 Commission for Children and Young People v V [ 2002] NSWSC 949. ADV v Commission for Children and Young People [2012] NSWADT 8, RD v Commissioner NSW Commission for Children and Young People [2011] NSWADT 140] RV v Commission for Children and Young People [2007] NSWADT 299 Commissioner for Children and Young People v FZ [2011] NSWCA Briginshaw v Briginshaw (1938) 60 CLR 336 Neat Holdings Pty Ltd v Karjan Holdings Pty Ltd (1992) 110 ALR 449 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53
Category:	Principal judgment
Parties:	CCW (Applicant) Children’s Guardian (Respondent)
Representation:	Counsel: A Singh (Applicant) A Douglas-Baker (Respondent)   Solicitors: Opal Legal (Applicant) Crown Solicitor’s Office (Respondent)
File Number(s):	1610050
Publication restriction:	See Order 2

reasons for decision

The application

1. On 18 November 2014 the Applicant, who is referred to in this decision as CKK, applied for a Working with Children Check Clearance (WWCCC) from the Respondent, the Children’s Guardian.

2. The Respondent conducted a risk assessment as required under legislation and determined that CKK is a risk to the safety of children and refused to issue a WWCCC. The Respondent notified the Applicant of this decision on 19 January 2016.

3. In an application filed on 25 January 2016 pursuant to s.27(1) of the Child Protection (Working with Children) Act, CKK seeks a review of the decision of the Children’s Guardian to refuse him a WWCCC.

4. There is no dispute that the Tribunal has jurisdiction to hear and determine the application.

Assessment requirement

5. Section 14 of the Child Protection (Working with Children) Act 2012