GBY v Children’s Guardian [2024] NSWCATAD 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GBY v Children's Guardian [2024] NSWCATAD 160 Hearing dates: 23 May 2024 Date of orders: 14 June 2024 Decision date: 14 June 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: R Bailey, Senior Member Kerry Stubbs, General Member Decision: (1) Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the Tribunal restricts disclosure of the name of the applicant, his victims or of evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons. (2) The applicant is not to be treated as a disqualified person for the offence, in respect of section 35(3) of the Police Offences Act 1935 (TAS), for which he was convicted on 15 September 2023. (3) The application for an enabling order is granted. (4) Pursuant to s28(6) of the Child Protection (Working with Children) Act 2012, the respondent is to grant the applicant a Working with Children Check Clearance. Catchwords: ADMINISTRATIVE LAW – child protection – working with children – disqualifying offences – enabling order – circumstances of offence – conduct of applicant in period since offences occurred– discharge of onus – circumstances of offence – no prior offending conduct - Legislation Cited: Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Family Violence Act Tasmania 2004 Police Offences Act 1935 (TAS) Cases Cited: BKE v Children's Guardian [2015] NSWSC 523 CHB v Children's Guardian [2016] NSWCATAD 214 Commission for Children and Young People v [2002] NSWSC 949; 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 CYY v Children's Guardian (No. 2) [2017] NSWCATAD 262 Texts Cited: None cited Category: Principal judgment Parties: GBY (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Britt (Applicant) A Dhen (Respondent)