Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31:

1. GSX (the Applicant) seeks review of a decision of the Children's Guardian (the Respondent) to cancel their working with children check clearance (WWCCC) under s 27 of the Child Protection (Working with Children) Act 2012 (the Act).

2. The Respondent cancelled the WWCCC on the grounds the Applicant poses a risk to the safety of children as a result of the Applicant's conduct in relation to their two children and related domestic circumstances.

3. Given the nature of the proceedings an order was made under s 64(1) of the Civil and Administrative Tribunal Act 2013 (NCAT Act) that, except for expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in the proceedings or referred to in the material lodged in the proceedings is prohibited. The pseudonym 'GSX' has been used for the Applicant's name.

4. For the reasons that follow we are not satisfied the Applicant poses a risk to the safety of children and we have decided to set aside the Respondent's decision to cancel the Applicant's WWCCC.

Material before the Tribunal

5. The Applicant provided: the application for administrative review attaching the decision of the Respondent; an affidavit sworn 16 March 2025 with attachments; and a bundle of documents that included WWCCC references from a psychologist and a social worker and written submissions, to the Respondent and the Tribunal.

6. The Applicant gave oral evidence and was cross examined at the hearing on 23 June 2025. Both parties made oral submissions at the hearing.

7. The Respondent provided two bundles of documents, one bundle of 215 pages filed under s 58 of the Administrative Decisions Review Act 1997 (the ADR Act) and the other bundle of 433 unpaginated pages of supplementary evidence, as well as written submissions to the Applicant and the Tribunal.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1985894f384b7178fbd160ff)

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