DYM v Children’s Guardian [2020] NSWCATAD 179

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DYM v Children's Guardian [2020] NSWCATAD 179 Hearing dates: 16 December 2019 Date of orders: 15 July 2020 Decision date: 15 July 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member E Hayes, General Member Decision: (1) Declare the applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 (NSW) in respect of the two offences of indecent assault of which he was convicted, on 14 December 2001. (2) The Children's Guardian is to grant the applicant with a working with children check clearance within 28 days of the publication of this decision. Catchwords: ADMINISTRATIVE LAW – working with children - application for an enabling order - applicant a 'disqualified person' having been convicted of a 'disqualifying offence' (indecent assault) – whether applicant has discharged his onus to rebut the statutory presumption that he poses a risk to the safety of children Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Crimes Act 1900 (NSW) Cases Cited: CHB v Children's Guardian [2016] NSWCATAD 214 CTM v Children's Guardian [2016] NSWCATAD 280, CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 Commissioner for Children and Young People v FZ [2011] NSWCA 11 Mielczarekv Commissioner of Police, NSW Police Force (No 2) [2016] NSWCATAP 255 Secretary, Department of Justice v LMB; Secretary, Department of Justice v PMY [2012] VSCA 143 VQB v The Secretary to the Department of Justice [2013] VCAT 789 ZZ v Secretary, Department of Justice [2013] VSC 267 Texts Cited: None cited Category: Principal judgment Parties: DYM (Applicant) Children's Guardian (Respondent) Representation: Counsel: S Swami (Respondent)