EJG v Children’s Guardian [2020] NSWCATAD 305

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EJG v Children's Guardian [2020] NSWCATAD 305 Hearing dates: 3 November 2020 Date of orders: 3 November 2020 Decision date: 10 December 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey - Senior Member E Hayes - General Member Decision: (1) Declare the applicant is not a disqualified person for the purposes of the Child Protection (Working With Children) Act 2012. (2) The decision of the Children's Guardian of 18 May 2020 is set aside. (3) The Children's Guardian is to grant the applicant a Working with Children Check Clearance forthwith. Catchwords: ADMINISTRATIVE LAW – child protection – working with children – disqualifying offences – enabling order – circumstances of offence – conduct of applicant in period since offences occurred– discharge of onus Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 BKE v Children's Guardian [2015] NSWSC 523 CHB v Children's Guardian [2016] NSWCATAD 214 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 CYY v Children's Guardian (No. 2) [2017] NSWCATAD 262 PJR v Secretary to the Department of Justice (Occupational and Business regulation) [2006] VCAT 2455 R v Commission for Children and Young People [2002] NSWIRComm 101 Smith v Commissioner of Police [2014] NSWCATAD 184 ZZ v Secretary of the Department of Justice [2013] VSC 267 Category: Principal judgment Parties: EJG (Applicant) Children's Guardian (Respondent) Representation: Counsel: I Fraser (Respondent)