FJT v Children’s Guardian [2023] NSWCATAD 57

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FJT v Children's Guardian [2023] NSWCATAD 57 Hearing dates: On the papers Date of orders: 14 March 2023 Decision date: 14 March 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: L Organ, Senior Member

K Stubbs, General Member Decision: (1) The applicant is not to be treated as a disqualified person for the offence, in respect of s.352(1)(a) of the Criminal Code 1899 (QLD). (2) The application for an enabling order is granted. (3) Pursuant to s 28(6) of the Child Protection (Working with Children) Act 2012, the respondent is to grant the applicant a Working with Children Check Clearance Catchwords: ADMINISTRATIVE LAW - working with children - application for an enabling order - applicant a 'disqualified person' having been convicted of a 'disqualifying offence' (indecent assault) – whether applicant has discharged his onus to rebut the statutory presumption that he poses a risk to the safety of children Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Child Protection (Working with Children) Amendment (Statutory Review) Act 2018 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Criminal Code 1899 (QLD) Cases Cited: Commission for Children and Young People v V [2002] NSWSC 949 BKE v Office of the Children's Guardian [2015] NSWSC 523 CYY v Children's Guardian (No 2) [2017] NSW NSWCATAD 262 EPN V Children's Guardian [2022] NSWCATAGD 184 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Category: Principal judgment Parties: FJT (Applicant) Children's Guardian (Respondent) Representation: Solicitors: Hanna Legal (Applicant) Crown Solicitor (Respondent) File Number(s): 2022/00151862 Publication restriction: With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings including mandatory reporters or risk of harm reporters is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013.