BXJ v Children's Guardian [2016] NSWCATAD 11

ADMINISTRATIVE LAW - review under section 27 Child Protection (Working with Children) Act 2012-refusal of working with children check clearance-what the correct and preferable decision is having regard to the material before the Tribunal - whether the applicant poses a risk to the safety of children – stay previously granted on conditions- further stay sought and refused-.charges of “stalk/intimidate intend fear physical harm” pursuant to section 13 (1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) dismissed- charges of “armed w/i commit indictable offence” in respect of daughter and stepson pursuant to section 114 (1) (a) of the Crimes Act 1900 (NSW) dismissed and “custody of knife in a public place” pursuant to section 11C (1) of the Summary Offences Act 1988 (NSW) finding of guilt- previous conviction for assault occasioning actual bodily harm of applicant’s wife in 2006 where applicant received a 12 month bond pursuant to section 9 of the Crimes (Sentencing Procedure) Act 1999 (NSW)- Apprehended Violence Orders made against the applicant in 2006 and 2013 - long history domestic violence between the applicant and his wife - onus of proof in a review under section 27 - a real and appreciable risk is posed by the applicant to the safety of children- the correct and preferable decision is to uphold the decision of the Children’s Guardian and refuse to grant a working with children clearance.

Amy Douglas-Baker appeared for the Children's Guardian