BCS v The Children's Guardian [2014] NSWCATAD 81

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BCS v The Children's Guardian [2014] NSWCATAD 81 Decision date: 16 April 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: Hon G Mullane Decision: 1. The Application is refused and dismissed Catchwords: Enabling Application under Child Protection (Working with Children) Act 2012 - Non-disclosure by Applicant of other sexual offences - Application of ss. 25(5) and 28(7) of the Act as to full disclosure of relevant matters by Applicant and onus of proof on Applicant Legislation Cited: Civil and Administrative Tribunal Act 2013 Child Protection (Working with Children) 2012 Category: Principal judgment Parties: BCS (Applicant) Children's Guardian (Respondent) Representation: Counsel G A Moore (Respondent) T Heenan ( Applicant) Crown Solicitor (Respondent) File Number(s): 1340035

reasons for decision

INTRODUCTION 1On 5 March 2008 the Applicant was convicted by a jury in the District Court of NSW of an offence under s.61I of the Crimes Act, 1900 (NSW) of sexual intercourse without consent with his wife. 2He was sentenced to imprisonment and has served his sentence. 3The Applicant is a dentist. He wishes to be able to provide dental treatment to persons under 18 years of age. Under the Child Protection (Working with Children) Act, 2012 (the "Act"), the conviction in 2008 renders him a "disqualified person" to whom the Children's Guardian is prohibited from providing a Working with Children clearance. 4The Applicant has therefore applied to the Tribunal under s.28(1) of the Act for an enabling order declaring that he is not to be treated as a "disqualified person" in respect of that offence.