ELE v Children’s Guardian [2021] NSWCATAD 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ELE v Children's Guardian [2021] NSWCATAD 113 Hearing dates: 17 March 2021 Date of orders: 6 May 2021 Decision date: 06 May 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Prof P Foreman, General Member Decision: The application for an enabling order under s 28(1) of the Child Protection (Working with Children) Act 2012 is dismissed. Catchwords: CHILD PROTECTION – working with children clearance – disqualified person – application for enabling order Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Children and Young Persons Care and Protection Act 1998 (NSW) Crimes Act 1900 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Office of the Children's Guardian [2015] NSWSC 523 CHB v Children's Guardian [2016] NSWCATAD 214 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262). Mielczarek v Commissioner of Police, NSW Police Force (No 2) [2016] NSWCATAP 255 ZZ v Secretary of the Department of Justice [2013] VSC 267 Texts Cited: Nil Category: Principal judgment Parties: ELE (Applicant) Children's Guardian (Respondent) Representation: Counsel: J Harris (Respondent)

Solicitors: Brazel-Moore Lawyers (Applicant) Crown Solicitor (Respondent) File Number(s): 2020/00275143 Publication restriction: With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited. This order is made under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013.