GGM v Children’s Guardian [2024] NSWCATAD 296

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GGM v Children's Guardian [2024] NSWCATAD 296 Hearing dates: 30 September 2024 Date of orders: 09 October 2024 Decision date: 09 October 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: L Bryant, Senior Member Emeritus Prof P Foreman AM, General Member Decision: (1) It is declared the applicant is not a Disqualified Person for the purposes of section 28(1) of the Child Protection (Working with Children) Act 2012 (NSW) in respect of the offence of filming a person in a private act without consent under s 91K(1) of the Crimes Act 1900 (NSW) for which the applicant pleaded guilty and was discharged under s 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 (NSW) by the Local Court of NSW on 24 March 2017. (2) The Children's Guardian is to grant a working with children check clearance to the applicant pursuant to section 28(6) of Child Protection (Working with Children) Act 2012 (NSW) without delay. Catchwords: ADMINISTRATIVE LAW — Application for enabling order under s 28 of the Child Protection (Working with Children) Act 2012 (NSW) Legislation Cited: Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: AZY v Children's Guardian [2013] NSWADT 301 Children's Guardian v CVE [2017] NSWSC 1342 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 DAI v Children's Guardian [2017] NSWCATAD 308 FFB v Children's Guardian [2022] NSWCATAD 71 Secretary, Department of Justice v L M B; Secretary, Department of Justice v P M Y [2012] VSCA 143 Texts Cited: None Category: Principal judgment Parties: GGM (Applicant) Children's Guardian (Respondent) Representation: Applicant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2024/00092371 Publication restriction: With the exception of expert witnesses and officers of government agencies, the disclosure by way of publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013. Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.