ERR v Children’s Guardian [2022] NSWCATAD 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ERR v Children's Guardian [2022] NSWCATAD 101 Hearing dates: On the papers Date of orders: 23 March 2022 Decision date: 23 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: R Bailey, Senior Member M Bolt, General Member Decision: (1) Pursuant to s 50 (2) of the Civil and Administrative Tribunal Act 2013 a hearing is dispensed with. (2) The applicant is not to be treated as a disqualified person for the offences, for which he was convicted on 14 April 2010. (3) The application for an enabling order is granted. (4) Pursuant to s28(6) of the Child Protection (Working with Children) Act 2012, the respondent is to grant the applicant a Working with Children Clearance. Catchwords: ADMINISTRATIVE LAW – child protection – working with children – disqualifying offences – enabling order – circumstances of offence – conduct of applicant in period since offences occurred– discharge of onus Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 BKE v Children's Guardian [2015] NSWSC 523 CHB v Children's Guardian [2016] NSWCATAD 214 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 CYY v Children's Guardian (No. 2) [2017] NSWCATAD 262 PJR v Secretary to the Department of Justice (Occupational and Business regulation) [2006] VCAT 2455 R v Commission for Children and Young People [2002] NSWIRComm 101 Smith v Commissioner of Police [2014] NSWCATAD 184 ZZ v Secretary of the Department of Justice [2013] VSC 267 Category: Principal judgment Parties: EEK (Applicant) Children's Guardian (Respondent) Representation: Counsel: P Lowson (Respondent)