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Tribunal reaches differing decisions on Working with Children Checks

In March 2018 the NSW Civil and Administrative Tribunal handed down two separate decisions dealing with applications from disqualified persons seeking Working with Children Checks. These decisions highlight the way the Office of the Children’s Guardian is likely to assess applications from persons with previous sex related criminal convictions seeking employment in workplaces requiring a valid Working with Children Check. Facts The first case, CZZ v Children’s Guardian involved a 44-year-old male seeking review of the decision of the Children’s Guardian not to grant him a Working with Children Check (WWCC) to continue his volunteer work: As a helper at his son’s primary school; and AFL umpir

Dismissed employee granted access to patient complaint

In a decision handed down on 7 March 2018 concerning a notice to produce, the Industrial Relations Commission ordered an employer to hand over a copy of the complaint made by a patient against the dismissed employee. This was despite claims by the Blue Mountains Local Health District that the documents were confidential and not necessary for the applicant’s ability to respond to the allegations against her. Facts Ms Sarah Chapple was an employee of the Nepean Blue Mountains Local Health District (the LHD) and had been dismissed following the receipt of a complaint from a patient received by her employer in March 2017. The matter had then been referred to the Industrial Relations Commission f

Employee sacked after filing threatened dismissal application with IRC refused interim reinstatement

In a decision handed down on 23 February 2018, the Industrial Relations Commission refused to grant an interlocutory application for interim reinstatement of a public servant dismissed by his employer despite filing an application claiming threatened dismissal immediately prior to his dismissal. Facts Mr Graham Smith was employed in NSW Treasury and for reasons not set out in the decision, was about to have his services terminated. Acting to prevent this from occurring, he filed an application under s.84 of the Industrial Relations Act 1996 (the Act) seeking a remedy for his threatened dismissal (using the extended definition of ‘dismissal’ in s.83(5)(a) ie dismissal covering the threat of d

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