FND v Children’s Guardian [2024] NSWCATAD 125

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FND v Children's Guardian [2024] NSWCATAD 125 Hearing dates: 26 October 2023, 8 December 2023 (Submissions closed 15 January 2024) Date of orders: 15 May 2024 Decision date: 15 May 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member E Hayes, General Member Decision: FND's application for an enabling order under s 28 (1) of the Child Protection (Working with Children) Act 2012 is dismissed. Catchwords: ADMINISTRATIVE LAW – child protection – working with children – risk to children whether risk real and appreciable – enabling order – passage of time – continued risk – insight – candour – obligation to disclose Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Crimes Act 1900 (ACT) Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v NSW Office of the Children's Guardian (No 2) 2014 NSWCAT 164 BKE v Children's Guardian [2015] NSWSC 523 CHB v Children's Guardian [2016] NSWCATAD 214 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 CXZ v Children's Guardian [2020] NSWCA 338 M v M (1988) 166 CLR (HCA) Office of the Children's Guardian v CFW [2016] NSWSC 1406 R v Commission for Children and Young People [2002] NSWIRComm 101 Category: Principal judgment Parties: FND (Applicant) Children's Guardian (Respondent) Representation: Applicant (self-represented) Crown Solicitor (Respondent) File Number(s): 2022/00260525 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the Tribunal restricts disclosure of the name of the applicant, any children, victims, or of evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons, or any risk of harm reporter or any non-expert witness.