FTT v Children’s Guardian [2023] NSWCATAD 238

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FTT v Children's Guardian [2023] NSWCATAD 238 Hearing dates: On the papers Date of orders: 30 August 2023 Decision date: 30 August 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member A Limbury, General Member Decision: 1. Pursuant to s 28(1) of the Child Protection (Working with Children) Act 2012 (NSW), the Tribunal declares that the applicant is not to be treated as a disqualified person for the purposes of that Act in respect of the offence of "Aggravated – carry out sexual act with etc another person without consent" contrary to s 61KF(1)(a) of the Crimes Act 1900 (NSW) in relation to which the applicant was sentenced on 29 October 2020 to a conditional release order with no conviction recorded. 2. Pursuant to s 28(6) of the Child Protection (Working with Children) Act 2012 (NSW), the Tribunal orders the Children's Guardian to grant the applicant a clearance forthwith. Catchwords: ADMINISTRATIVE LAW – Application for review under s 28 of the Child Protection (Working with Children) Act 2012 (NSW) – Applicant a disqualified person – whether the person poses a risk to the safety of children. Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 CHB v Children's Guardian [2016] NSWCATAD 214 Commission for Children and Young People v [2002] NSWSC 949 CRG v Children's Guardian [2017] NSWCATAD 295 CTE v Children's Guardian [2018] NSWCATAD 28 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 CXZ v Children's Guardian [2020] NSWCA 338 BFX v Children's Guardian [2014] NSWCATAD 115 BKE v Office of the Children's Guardian [2015] NSWSC 523 DAI v Children's Guardian [2017] NSWCATAD 308 Director of Public Prosecutions v Smith [1991] 1 VR 63 EOL v Children's Guardian [2021] NSWCATAD 146 Hogan v Hinch (2011) 243 CLR 506 ICM Agriculture Pty Ltd v Commonwealth (2009) 240 CLR 162 McKinnon v Secretary, Department of Treasury (2005) 145 FCR 70 Smith v Commissioner of Police [2014] NSWCATAD 184 PGR v Secretary, Department of Justice and Regulation (No 2) [2017] VSC 514 Sinclair v Maryborough Mining Warden (1975) 132 CLR 473 VQB v The Secretary to 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: FTT (Applicant) Children's Guardian (Respondent) Representation: Solicitors: