EPQ v Children’s Guardian [2022] NSWCATAD 129

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EPQ v Children's Guardian [2022] NSWCATAD 129 Hearing dates: 26 July 2021 Date of orders: 21 April 2022 Decision date: 21 April 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member E Hayes, General Member Decision: (1) The Tribunal declares that the applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of his conviction, in October 2003, of three offences of aggravated indecent assault contrary to s 61M(1) of the Crimes Act 1900 (NSW). (2) Pursuant to subsection 28(6) of the Child Protection (Working with Children) Act 2012, the Children's Guardian is to grant the applicant a working with children check clearance. Catchwords: ADMISTRATIVE LAW – refusal of a working with children check clearance – disqualified person seeking an enabling order – 2001 disqualifying offence aggravated with an act of indecency - s 61M(1) of the Crimes Act 1900 NSW Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Crimes Act 1900 (NSW) Cases Cited: BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 BLM v NSW Office of Children's Guardian [2015] NSWCATAD 4 EFH v Children's Guardian [2020] NSWCATAD 256 Category: Principal judgment Parties: EPQ (Applicant) Children's Guardian (Respondent) Representation: Counsel: I Wallach (Applicant) R J Pietriche (Respondent)