FME v Children’s Guardian [2023] NSWCATAD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FME v Children's Guardian [2023] NSWCATAD 69 Hearing dates: The application is determined on the papers. Date of orders: 23 February 2023 Decision date: 23 February 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member E Hayes, General Member Decision: 1. Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 the Tribunal dispenses with a hearing in this matter. 2. Pursuant to s. 28(1) of the Child Protection (Working with Children) Act 2012, the NSW Civil and Administrative Tribunal declares that FME is not to be treated as a disqualified person for the purposes of the Act in respect of the offence of take/detain person in company with intent to obtain advantage contrary to s. 86 of the Crimes Act 1900 of which FME was convicted on 5 December 2006. 3. Pursuant to s. 28(6) of the Child Protection (Working with Children) Act 2012, the Children's Guardian is to grant a Working with Children Check Clearance to FME forthwith. Catchwords: ADMINISTRATIVE LAW - working with children check clearance – disqualified person – Children's Guardian supports orders to declare applicant not to be treated as a disqualified person and to be granted a Working with Children Check Clearance Legislation Cited: Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Category: Principal judgment Parties: FME (Applicant) Children's Guardian (Respondent) Representation: Solicitors: Crown Solicitor (Respondent) File Number(s): 2022/00219856 Publication restriction: 1. 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 is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013. 2. It is noted that a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.