ERV v Children’s Guardian [2021] NSWCATAD 332

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ERV v Children's Guardian [2021] NSWCATAD 332 Hearing dates: On the papers Date of orders: 17 November 2021 Decision date: 17 November 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: L Organ, Senior Member Dr F Duffy, General Member Decision: (1) The applicant is not to be treated as a disqualified person for the offence, in respect of s 56(1) of the Criminal Law Consolidation Act 1913 (South Australia) for which he was convicted on 4 May 2020. (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 Law Consolidation Act 1913 (South Australia) 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 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Category: Principal judgment Parties: ERV (Applicant) Children's Guardian (Respondent) Representation: Solicitors: Applicant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2021/00191986 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 including mandatory reporters or risk of harm reporters is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013.