FDS v Children’s Guardian [2022] NSWCATAD 374

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FDS v Children's Guardian [2022] NSWCATAD 374 Hearing dates: On the papers Date of orders: 21 November 2022 Decision date: 21 November 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: R Bailey, Senior Member R Royer, 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 offence, in respect of s.61L of the Crimes Act 1900 (NSW), for which he was convicted on 15 May 1995 . (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of onus Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Cases Cited: ADV v Commission for Children and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 Texts Cited: None cited Category: Principal judgment Parties: FDS (Applicant) Children's Guardian (Respondent) Representation: Counsel: B Madden (Respondent)