EBZ v Children’s Guardian [2020] NSWCATAD 201

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EBZ v Children's Guardian [2020] NSWCATAD 201 Hearing dates: 18 June 2020 Date of orders: 18 June 2020 Decision date: 14 August 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant Senior Member Dr J Green General Member Decision: (1) The applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of section 61D of the Crimes Act 1900 (NSW) for which he was convicted on 7 September 1990. (2) The application for an enabling order is granted. (3) Pursuant to s.28(6) of the Child Protection (Working with Children) Act 2012 the respondent is to grant the applicant a Working with Children clearance. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – disqualifying offence – consideration of applicant's conduct over a lengthy period with no offending or adverse reports – consideration of assessment of risk by forensic psychologist - whether applicant has discharged the onus of proof Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibitive Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: BHA v Children's Guardian [2014] NWCATAD 161 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 Commission for Children and Young People v FZ (2011) NSWCA 111 BHA v Children's Guardian [2014] NWCATAD 161 Commission for Children and Young People v Y [2002] NSWCA 949 CHB v Children's Guardian (2016) NSWCATAD 214 CMA v Children's Guardian (2016) NSWCATAD 264 CYY v Children's Guardian (No.2) (2017) NSWCATAD 262 Smith v Commissioner Police 2014 NSWCATAD 184. Director of Public Prosecution v Smith (1991) VR 6 Category: Principal judgment Parties: EBZ (Applicant) Children's Guardian (Respondent) Representation: Counsel: P Decle (Applicant) J McDonald (Respondent)