GJM v Children’s Guardian [2025] NSWCATAD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GJM v Children's Guardian [2025] NSWCATAD 48 Hearing dates: 29 November 2024 Date of orders: 27 February 2025 Decision date: 27 February 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member E Hayes, General Member Decision: (1) Pursuant to s 28(1) of the Child Protection (Working with Children) Act 2012 (NSW), the Tribunal declares that the applicant is not to be treated as a disqualified person for the purposes of that Act in respect of the offence of commit act of indecency with a person aged 16 years or over contrary to s 61N(2) of the Crimes Act 1900 of which he was convicted on 11 May 2000. (2) Pursuant to s 28(6) of the Child Protection (Working with Children) Act 2012 (NSW), the Tribunal orders the Children's Guardian to grant the applicant a clearance forthwith. Catchwords: ADMINISTRATIVE LAW – Application for review under s 28 of the Child Protection (Working with Children) Act 2012 (NSW) – Applicant a "disqualified person" – Conviction for offence of commit act of indecency with person 16 years or over contrary to s 61N(2) (repealed) of the Crimes Act 1900 – Presumed to be a risk to the safety of children –Whether the applicant has proven to the contrary – Enabling order granted Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Summary Offences Act 2005 (Qld) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFX v Children's Guardian [2014] NSWCATAD 115 BKE v Office of the Children's Guardian [2015] NSWSC 523 CHB v Children's Guardian [2016] NSWCATAD 214 Children's Guardian v CVE [2017] NSWSC 1342 Commission for Children and Young People v V [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 111 CRG v Children's Guardian [2017] NSWCATAD 295 CTE v Children's Guardian [2018] NSWCATAD 28 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 CXZ v Children's Guardian [2020] NSWCA 338 DAI v Children's Guardian [2017] NSWCATAD 308 DGS v Children's Guardian [2018] NSWCATAD 302 Director of Public Prosecutions v Smith [1991] 1 VR 63 EOL v Children's Guardian [2021] NSWCATAD 146 Hogan v Hinch (2011) 243 CLR 506 ICM Agriculture Pty Ltd v Commonwealth (2009) 240 CLR 162 McKinnon v Secretary, Department of Treasury (2005) 145 FCR 70 PGR v Secretary, Department of Justice and Regulation (No 2) [2017] VSC 514 Sinclair v Maryborough Mining Warden (1975) 132 CLR 473 Smith v Commissioner of Police [2014] NSWCATAD 184 Tilley v Children's Guardian [2017] NSWCA 174 VQB v The Secretary to 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: GJM (Applicant) Children's Guardian (Respondent) Representation: Solicitors: Applicant (Self-represented) Crown Solicitor (Respondent) File Number(s): 2024/00199115 Publication restriction: 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 these proceedings is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW). Note: A reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.