ECY v Children’s Guardian [2020] NSWCATAD 212

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ECY v Children's Guardian [2020] NSWCATAD 212 Hearing dates: 31 July 2020 Date of orders: 2 September 2020 Decision date: 02 September 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member R Royer, 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 offence of rape of which he was convicted, on 26 October 1983. (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' (sexual 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) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: CHB v Children's Guardian [2016] NSWCATAD 214 Commissioner for Children and Young People v FZ [2011] NSWCA 11 CTM v Children's Guardian [2016] NSWCATAD 280, CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 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: B Fogarty (Applicant) S Swami (Respondent)