EPK v Children’s Guardian [2022] NSWCATAD 369

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EPK v Children's Guardian [2022] NSWCATAD 369 Hearing dates: 18 August 2022 Date of orders: 17 November 2022 Decision date: 17 November 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: E Bishop SC, Senior Member M Bolt, General Member Decision: The application for an enabling order is refused. Catchwords: ADMINISTRATIVE LAW — child protection — working with children — disqualifying offence — enabling order — circumstances of offence — conduct of applicant in period since offence occurred — discharge of onus Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW), ss 3, 4, 5B, 18, 28, 30, 31, 128 Civil and Administrative Tribunal Act 2013 (NSW), s 38 Crimes Act 1900 (ACT), ss 55, 92E(2) Evidence Act 1995 (NSW), s 128 Cases Cited: BKE v Children's Guardian [2015] NSWSC 523. Commission for Children and Young People v V (2002) 56 NSWLR 476; [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 111 CSW v Children's Guardian [2017] NSWCATAD 326 CYY v Children's Guardian [2017] NSWCATAD 262 DAI v Children's Guardian [2017] NSWCATAD 308 Secretary, Department of Justice v LMB [2012] VSCA 143 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Category: Principal judgment Parties: EPK (First Applicant) Office of the Children's Guardian (Respondent) Representation: Counsel: P Santone (Applicant) M Higgins (Respondent)