FZG V Children’s Guardian [2025] NSWCATAD 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FZG V Children's Guardian [2025] NSWCATAD 21 Hearing dates: 23 May 2024 Date of orders: 17 January 2025 Decision date: 17 January 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: K Mobbs, Senior Member J Herberte, General Member Decision: The application for an enabling order under s 28(1) of the Child Protection (Working with Children) Act 2012 is refused. Catchwords: ADMINISTRATIVE LAW – child protection – working with children – application for an enabling order –applicant is a disqualified person having been convicted of a disqualifying offence (sexual touching) – insight– whether applicant has displaced the statutory presumption that he poses a risk to the safety of children. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 M v M (1988) 166 CLR 69, Tilley v Children's Guardian [2017] NSWCA 174 Texts Cited: None Category: Principal judgment Parties: FZG (Applicant) Children's Guardian (Respondent) Representation: Solicitors: Opara and Singh Lawyers Pty Ltd (Applicant) Crown Solicitor (Respondent) File Number(s): 2023/00285426 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the Tribunal restricts the disclosure of the name of the Applicant, the victim and any witness in any criminal proceedings, or of evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons.