FJY v Children's Guardian [2022] NSWCATAD 306

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FJY v Children's Guardian [2022] NSWCATAD 306 Hearing dates: On the papers Date of orders: 16 September 2022 Decision date: 16 September 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Emeritus Prof P J Foreman AM, General Member Decision: 1. Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) the requirement of a hearing is dispensed with. The matter is to be determined on the papers. 2. It is declared the applicant is not a disqualified person for the purposes of section 28(1) of Child Protection (Working with Children) Act 2012 (NSW) in respect of the offence of indecent assault contrary to s 61L of the Crimes Act 1900 entered on 18 June 1996 at the Local of New South Wales at Sydney. 3. The application for an enabling order under section 28 Child Protection (Working with Children) Act 2012 (NSW) dated 30 March 2022 is granted. 4. The Children's Guardian is to grant a working with children check clearance to the applicant pursuant to section 28(6) of Child Protection (Working with Children) Act 2012 (NSW) forthwith. Catchwords: ADMINISTRATIVE LAW – review under section 28 Child Protection (Working with Children) Act 2012 (NSW) child protection – working with children – risk to children whether risk real and appreciable – indecent assault - s 61L of the Crimes Act 1900 (NSW) – enabling order – discharge onus -would a reasonable person allow unsupervised access to their own child in context of child related work Legislation Cited: Administrative Decisions Review Act 1997(NSW) Child Protection (Prohibited Employment) Act 1998 (NSW) (repealed) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Children and Young Persons (Care and Protection) Act 1998(NSW) Children and Young Persons (Care and Protection) Regulation 2012 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BCS v NSW Civil & Administrative Tribunal [2015] NSWSC 126 BFX v Children's Guardian [2014] NSWCATAD 115 BKE v Office of the Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 BYR v Children's Guardian [2013] NSWADT 310 Children's Guardian v BQJ [2016] NSWSC 869 CHB v Children's Guardian [2016] NSWCATAD 214 CJT v Office of the Children's Guardian [2016] NSWSC 738 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 CSW v Children's Guardian [2017] NSWCATAD 326 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 DHB v Children's Guardian [2018] NSWCATAD 123 M v M [1988] HCA 68; 166 CLR 69 Hogan v Hinch [2011] HCA 4 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53; (2006) 231 CLR 1 Office of the Children's Guardian v EQE [2022] NSWSC 871 R v Commission for Children and Young People [2002] NSWIRComm 101 R v War Pensions Entitlement Appeal Tribunal; ex parte Bott [1933] HCA 30 SL v Secretary, Department of Family and Community Services [2016] NSWCA 124 Smith v Commissioner of Police [2014] NSWCATAD 184 T v H, Unreported, Supreme Court NSW, Hodgson J, 19 December 1985 VQB v The Secretary to the Department of Justice (Review and Regulation) [2013] VCAT 789 ZZ v Secretary of the Department of Justice [2013] VSC 267 Category: Principal judgment Parties: FJY (Applicant) Children's Guardian (Respondent) Representation: Solicitors: FJY (self-represented) Crown Solicitor (Respondent) File Number(s): 2022/00093592 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the Tribunal restricts disclosure of the name of the applicant, his victims or of evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons.