AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 Hearing dates: 11 February 2014 Decision date: 23 May 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: The applicant's application for an enabling order is refused. Catchwords: Working with children clearance - application for enabling order by disqualified person - presumption the applicant poses a risk to the safety of children - whether the applicant has proven the contrary Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Child Protection (Working with Children) Act 2012 Child Protection (Prohibited Employment) Act 1998 (repealed) Commission for Children and Young People Act 1998 Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 Commission for Children and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; 56 NSWLR 476 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: AYU (Applicant) Office of the Children's Guardian (Respondent) Representation: D Hannaway (Applicant) D Ward - Crown Solicitor's Office (Respondent) File Number(s): 134019 Publication restriction: Due to the sensitivity of these proceedings the name of the applicant is not to be published: see s 65 of the Civil and Administrative Tribunal Act 2013