GCP v Children’s Guardian [2025] NSWCATAD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GCP v Children's Guardian [2025] NSWCATAD 9 Hearing dates: 23 October 2024 Date of orders: 09 January 2025 Decision date: 09 January 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: J Redfern PSM, Senior Member E Hayes, General Member Decision: The application for an enabling order is dismissed. 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that the applicant had been convicted of a disqualifying offence – enabling order sought – criminal offence since repealed and replaced by new provisions – whether conduct ceased to be an offence – whether applicant is a disqualified person – whether Tribunal satisfied that applicant does not pose a risk Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Amendment) Act 1989 (NSW) Criminal Legislation Amendment (Child Sexual Abuse) Act 2018 (NSW) Cases Cited: BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 CXZ v Children's Guardian [2020] NSWCA 338 Eades v Director of Public Prosecutions (NSW) [2010] NSWCA 241 M v M [1988] HCA 68; (1988) 166 CLR 69 Tilley v Children's Guardian [2017] NSWCA 174 Texts Cited: Explanatory Note, Crimes (Amendment) Bill 1989 Second reading speech of the Criminal Legislation Amendment (Child Sexual Abuse) Bill 2018, Attorney General, 6 June 2018, Hansard Explanatory Note to the Crimes (Amendment) Bill 1989 Category: Principal judgment Parties: GCP (Applicant) Children's Guardian (Respondent) Representation: Applicant (self-represented)