GGE v Children’s Guardian [2024] NSWCATAD 330

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GGE v Children's Guardian [2024] NSWCATAD 330 Hearing dates: 26 July 2024 (Last written submissions, 31 October 2024) Date of orders: 07 November 2024 Decision date: 07 November 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Redfern PSM, Senior Member A Limbury, General Member Decision: (1) The time for making the application is extended to 1 March 2024 pursuant to section 41 of the Civil and Administrative Tribunal Act 2013. (2) The application for an enabling order under s 28 of the Child Protection Act (Working with Children) Act 2012 (NSW) is refused. Catchwords: ADMINISTRATIVE LAW – working with children check clearances – refusal on the grounds that the applicant had been convicted of a disqualifying offence – enabling order sought – offence since repealed and replaced by new provisions – whether conduct ceased to be an offence – whether applicant remains a disqualified person – whether tribunal satisfied that applicant does not pose a risk – insufficient evidence to rebut presumption of risk Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Crimes Act 1900 (NSW) Criminal Legislation Amendment (Child Abuse) Act 2018 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 Darby v Director of Public Prosecutions (2004) 61 NSWLR 558 Eades v Director of Public Prosecutions (NSW) [2010] NSWCA 241 R v Patten (1998) 88 A Crim R 365 Tilley v Children's Guardian [217] NSWCA 174 Texts Cited: Explanatory Note, Criminal Legislation Amendment (Child Sexual Abuse) Bill 2018 Second Reading Speech, Criminal Legislation Amendment (Child Sex Abuse) Bill 2018, 6 June 2018, Hansard Category: Principal judgment Parties: GGE (Applicant) Children's Guardian (Respondent) Representation: Applicant (Self-represented)