FMX v Children’s Guardian [2023] NSWCATAD 203

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FMX v Children's Guardian [2023] NSWCATAD 203 Hearing dates: 23 March 2023 Date of orders: 01 August 2023 Decision date: 01 August 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member J Herberte, General Member Decision: (1) Declare FMX is not to be considered a 'disqualified person' for the purposes of the Child Protection (Working with Children) Act 2012. (2) FMX is to be granted a Working With Children Check Clearance forthwith. Catchwords: ADMINISTRATIVE LAW – Child protection – Working with children – Enabling order - Whether applicant poses a risk to the safety of children – Where applicant must displace presumption after being found guilty of criminal charges relating to take/detain person in company with intent to obtain advantage Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 Cases Cited: CXZ v Children's Guardian [2020] NSWCA 338 BFX v Children's Guardian [2014] NSWCATAD 115 BFX v Children's Guardian [2014] NSWCATAD 115 BKE v Office of the Children's Guardian [2015] NSWSC 523 Children's Guardian v BQJ [2016] NSWSC 869 CJT v Office of the Children's Guardian [2016] NSWSC 738 Office of the Children's Guardian v EQE (2002) NSWSC 871 VQB v The Secretary of the Department of Justice (Review and Regulation) (2013) VCAT 789 ZZ v Secretary, Department of Justice [2013] VSC 267 Texts Cited: None cited Category: Principal judgment Parties: FMX (Applicant) Children's Guardian (Respondent) Representation: Counsel: Ms T Baw (Applicant) Mr L Meagher (Respondent)