FFB v Children’s Guardian [2022] NSWCATAD 71

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FFB v Children's Guardian [2022] NSWCATAD 71 Hearing dates: 25 February 2022 Date of orders: 25 February 2022 Decision date: 02 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member Emeritus Prof P J Foreman AM, General Member Decision: (1) The applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 (NSW) in respect of the disqualifying offence of filming a person engaged in a private act without consent being a criminal offence under s 91K(1) of the Crimes Act 1900 (NSW) in relation to which the applicant pleaded guilty and was discharged of the offence under a Conditional Release Order pursuant to s 9(1)(b) and s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW). (2) The decision of the Children's Guardian dated 24 June 2021 cancelling the applicant's working with children check clearance is set aside. (3) In substitution, the Children's Guardian is to grant the applicant a working with children check clearance forthwith. Catchwords: ADMINISTRATIVE LAW — Application for enabling order under s 28 of the Child Protection (Working with Children) Act 2012 (NSW) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Office of Children's Guardian [2015] NSWSC 523 CHB v Children's Guardian [2016] NSWCATAD 214 Category: Principal judgment Parties: FFB (Applicant) Children's Guardian (Respondent) Representation: Solicitors: Santone Lawyers (Applicant) Crown Solicitor (Respondent) File Number(s): 2021/00311646 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 was made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). Note: A reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.