EOL v Children’s Guardian [2021] NSWCATAD 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EOL v Children's Guardian [2021] NSWCATAD 146 Hearing dates: 17 May 2021 Date of orders: 17 May 2021 Decision date: 02 June 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: E Connor, Senior Member M Bolt, General Member Decision: 1. The Tribunal declares that the applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 (NSW). 2. Pursuant to subsection 28(6) of the Child Protection (Working with Children) Act 2012 (NSW) the Children's Guardian is to grant the applicant a Working with Children Check Clearance. Catchwords: ADMINISTRATIVE LAW-refusal of working with children check clearance-assessment of risk-sexually touching another without consent conviction Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Crimes Act 1990 (NSW) Cases Cited: Commission for Children and Young People v FZ [2011] NSWCA at 111 Commission for Children and Young People v V [2002] NSWSC at 949 Category: Principal judgment Parties: EOL (Applicant) Children's Guardian (Respondent) Representation: Counsel: E Buzo (Applicant)

Solicitors: Justinian Legal (Applicant) Crown Solicitor (Respondent) File Number(s): 2021/00026150 Publication restriction: Section 64(1) Civil and Administrative Tribunal Act 2013. Restriction on publication of information that will identify the applicant, any children, or victims and evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons without leave of the Tribunal.