ENT v Children’s Guardian [2021] NSWCATAD 279

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ENT v Children's Guardian [2021] NSWCATAD 279 Hearing dates: 20 September 2021 Date of orders: 15 October 2021 Decision date: 15 October 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: EM Connor, Senior Member R Royer, 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 – sexual offending – frotteuristic disorder Legislation Cited: Child Protection (Prohibited Employment) Act 1998 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1990 (NSW) Crimes (Sentencing Procedure) Act 1999 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: ENT (Applicant) Children's Guardian (Respondent) Representation: Counsel: P Schmidt (Applicant) B Madden (Respondent)

Solicitors: Kells (Applicant) Crown Solicitor (Respondent) File Number(s): 2021/00009035 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.