GBQ v Children’s Guardian [2024] NSWCATAD 324

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GBQ v Children's Guardian [2024] NSWCATAD 324 Hearing dates: 20 August 2024 Date of orders: 04 November 2024 Decision date: 04 November 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: L Bryant, Senior Member Emeritus Prof P Foreman AM, General Member Decision: (1) The Tribunal declares that the Applicant is not to be treated as 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 using a carriage service to transmit an indecent communication to a person under the age of 16 years pursuant to s 474.27A of the Criminal Code (Cth) that was found proven against the applicant in the District Court of NSW on 21 June 2018. (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). Catchwords: ADMINISTRATIVE LAW — Application for enabling order under s 28 of the Child Protection (Working with Children) Act 2012 Legislation Cited: Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Civil and Administrative Tribunal Act 2013 Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Cases Cited: BKE v Office of the Children's Guardian [2015] NSWSC 523 Children's Guardian v CVE [2017] NSWSC 1342 Commissioner for Children and Young People v FZ [2011] NSWCA 111 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 DAI v Children's Guardian [2017] NSWCATAD 308 DOP v Children's Guardian [2019] NSWCATAD 23 ECQ v The Children's Guardian [2021] NSWCATAD 217 FFB v Children's Guardian [2022] NSWCATAD 71 Office of the Children's Guardian v EQE [2022] NSWSC 871 OYJ v Secretary to the Department of Justice & Regulation (Review and Regulation) [2019] VCAT 33 Secretary, Department of Justice v L M B; Secretary, Department of Justice v P M Y [2012] VSCA 143 Texts Cited: None cited Category: Principal judgment Parties: GBQ (Applicant) Children's Guardian (Respondent) Representation: Counsel: J Birrell (Applicant) G Bromwich (Respondent)