FZY v Children’s Guardian [2024] NSWCATAD 331

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FZY v Children's Guardian [2024] NSWCATAD 331 Hearing dates: 1 July 2024 Date of orders: 07 November 2024 Decision date: 07 November 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member E Hayes, General Member Decision: (1) Declare FZY is not to be considered a 'disqualified person' for the purposes of the Child Protection (Working with Children) Act 2012. (2) FZY is to be granted a Working With Children Check Clearance forthwith. Catchwords: ADMINISTRATIVE LAW – Child protection – Working with children – Enabling order - Whether applicant poses a risk to the safety of children – Where applicant must displace presumption after being found guilty of a sexual offence against a child – 42 years since the date of offending Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Criminal Code Act Compilation Act 1913 (WA) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Cases Cited: BKE v Office of the Children's Guardian [2015] NSWSC 523 CXZ v Children's Guardian [2020] NSWCA 338 CYY v Children's Guardian (No 2) [2017] NSW NSWCATAD 262 Mielczarek v Commissioner of Police, NSW Police Force (No 2) [2016] NSWCATAP 255 Office of the Children's Guardian v EQE (2002) NSWSC 871 VQB v The Secretary of the Department of Justice (Review and Regulation) (2013) VCAT 789 ZZ v Secretary, Department of Justice [2013] VSC 267 Texts Cited: None cited Category: Principal judgment Parties: FZY (Applicant) Children's Guardian (Respondent) Representation: Solicitors: Crown Solicitor (Respondent) File Number(s): 2023/00333342 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013, with the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in the proceedings is prohibited.