FJF v Children’s Guardian [2022] NSWCATAD 381

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FJF v Children's Guardian [2022] NSWCATAD 381 Hearing dates: On the papers Date of orders: 1 December 2022 Decision date: 01 December 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member (Legal) R Royer General Member (Community) 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 2019 Court outcome in respect of sexual touching without consent assault s- 61KC (a) Crimes Act 1900 and grants an Enabling Order. (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: ADMINISTRATIVE LAW – child protection – working with children – risk to children whether risk real and appreciable – enabling order- disqualified person Legislation Cited: Administrative Decisions Review Act 1997 Children and Young Persons (Care and Protection) Act 1998 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v NSW Office of the Children's Guardian (No 2) 2014 NSWCAT 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 CXZ v Children's Guardian [2020] NSWCA 338 M v M (1988) 166 CLR (HCA) Office of the Children's Guardian v CFW [2016] NSWSC 1406 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 Texts Cited: Nil Category: Principal judgment Parties: FJK (Applicant) Children's Guardian (Respondent) Representation: Solicitors: L Bereicua Solicitor (Applicant) Crown Solicitor(Respondent) File Number(s): 2022/00092345 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, any children, victims, or of evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons, or any risk of harm reporter or any non-expert witness.