GCN v Children’s Guardian [2024] NSWCATAD 213

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GCN v Children's Guardian [2024] NSWCATAD 213 Hearing dates: 10 July 2024 Date of orders: 31 July 2024 Decision date: 31 July 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: R Bailey, Senior Member E Hayes, General Member Decision: (1) The Applicant's application for an enabling order made 14 October 2023 pursuant to s 28 of the Child Protection (Working with Children) Act 2012 is refused. (2) The Tribunal orders under s 64 of the Civil and Administrative Tribunal Act 2013 (the NCAT Act) that publication of information that will identify the applicant, any victims, witnesses or evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons is restricted. Catchwords: ADMINISTRATIVE LAW - application for enabling order pursuant to s 28 of the Child Protection (Working with Children) Act 2012 – applicant was convicted of a disqualifying offence – conduct of applicant in period since offences occurred – failure to discharge onus – whether the applicant poses a risk to the safety of children Legislation Cited: Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Cases Cited: CYY v Children's Guardian (no.2) [2017] NSWCATAD 262 CHB v Children's Guardian [2016] NSWCATAD 214 Commissioner for Children and Young People v V [2002] NSWSC 949; NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 Smith v Commissioner of Police [2014] NSWCATAD 184 ZZ v Secretary of the Department of Justice [2013] VSC 267 Category: Principal judgment Parties: GCN (Applicant) Children's Guardian (Respondent) Representation: Solicitor: Crown Solicitors (Respondent) File Number(s): 2023/00432139 Publication restriction: The Tribunal orders under s 64 of the Civil and Administrative Tribunal Act 2013 (the NCAT Act) that publication of information that will identify the applicant, any victims, witnesses or evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons is restricted.