FHV v Children’s Guardian [2023] NSWCATAD 246

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FHV v Children's Guardian [2023] NSWCATAD 246 Hearing dates: 17 October 2022 Date of orders: 14 September 2023 Decision date: 14 September 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member J Herberte, General Member Decision: The applicant's application for an enabling order is dismissed. Catchwords: CHILD WELFARE – refusal of a working with children check clearance – disqualifying offence – enabling order - circumstances of offence – discharge of onus Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW), ss 3, 4, 5, 5B, 18(1), 28, 30, Sch 2 Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(a) Crimes Act 1900 (NSW), ss 61N(2) Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13(1) Crimes (Sentencing Procedure) Act1999 (NSW), ss 9(1)(b), 10(1)(a) Mental Health (Forensic Provisions) Act 1990 (NSW) (repealed) s 32 Summary Offences Act 1988 (NSW) s 4(1) Cases Cited: Commissioner for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V (2002) 56 NSWLR 476; [2002] NSWSC 949 CRG v Children's Guardian [2017] NSWCATAD 295 CSW v Children's Guardian [2017] NSWCATAD 326 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 BKE v Children's Guardian [2015] NSWSC 523 DAI v Children's Guardian [2017] NSWCATAD 308 Secretary, Department of Justice v LMB [2012] VSCA 143 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Texts Cited: None Cited Category: Principal judgment Parties: FHV (Applicant) Children's Guardian (Respondent) Representation: Counsel: N Angelov (Applicant) P Strickland (Respondent)