GFO v Children’s Guardian [2024] NSWCATAD 346

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GFO v Children's Guardian [2024] NSWCATAD 346 Hearing dates: 31 July 2024 Date of orders: 18 November 2024 Decision date: 18 November 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member R Royer, General Member Decision: Dismiss the application. Catchwords: ADMINISTRATIVE LAW – Child protection – Working with children – enabling order - whether applicant poses a risk to the safety of children – teacher student relationship - where applicant has not displaced the presumption after being found guilty of a sexual offence against a child – 29 years since the date of offending Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) 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 Category: Principal judgment Parties: GFO (Applicant) Children's Guardian (Respondent) Representation: Applicant (Self-Represented)