BYR v Children's Guardian [2013] NSWADT 310

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: BYR v Children's Guardian [2013] NSWADT 310 Hearing dates: 17 December 2013 Decision date: 17 December 2013 Jurisdiction: Community Services Division Before: S Higgins, Deputy President Decision: 1. Declare that the applicant not be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of the offence of rape, of which he was convicted on 25 March 1971. 2. Pursuant to subsection 28(6) of the Child Protection (Working with Children) Act 2012, the Children's Guardian is to grant the applicant with a working with children clearance. Catchwords: Working with children clearance - disqualified person - presumed to be a risk to children - whether applicant has proven to the contrary Legislation Cited: Administrative Decisions Tribunal Act 1997 Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Child Protection (Prohibited Employment) Act 1998 (repealed) Commission for Children and Young People 1998 Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949 IH v Commission for Children and Young People [2009] NSWADT 202 L v Commission for Children and Young People & anor [2008] NSWIRComm 195 R v Commission for Children and Young People [2002] NSWIRComm 101 RD v Commissioner NSW Commission for Children and Young People [2011] NSWADT 140 RV v Commission for Children and Young People [2007] NSWADT 299 Category: Principal judgment Parties: BYR (Applicant) Children's Guardian (Respondent) Representation: Counsel D Ward (Respondent) BYR (Applicant in person) Crown Solicitor (Respondent) File Number(s): 134046 Publication restriction: S 126 of the Administrative Decisions Tribunal Act 1997 applies