ENH v Children’s Guardian [2021] NSWCATAD 203

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ENH v Children's Guardian [2021] NSWCATAD 203 Hearing dates: On the papers Date of orders: 14 July 2021 Decision date: 14 July 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: L Organ, Senior Member M Bolt, General Member Decision: (1) The applicant is not to be treated as a disqualified person for the offence, in respect of s 323 of the Criminal Code Act Compilation Act 1913 (WA) for which he was convicted on 9 April 2008. (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' (indecent 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) Child Protection (Working with Children) Regulation 2013 (NSW) Child Protection (Working with Children) Amendment (Statutory Review) Act 2018 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Criminal Code Act Compilation Act 1913 (WA) Cases Cited: Commission for Children and Young People v V [2002] NSWSC 949 BKE v Office of the Children's Guardian [2015] NSWSC 523 CYY v Children's Guardian (No 2) [2017] NSW NSWCATAD 262 Mielczarek v Commissioner of Police, NSW Police Force (No 2) [2016] NSWCATAP 255 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Category: Principal judgment Parties: ENH (Applicant) Children's Guardian (Respondent) Representation: Counsel : RJ Pietriche (Respondent)