BFZ -v- Children's Guardian [2014] NSWCATAD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BFZ -v- Children's Guardian [2014] NSWCATAD 86 Hearing dates: 22 May 2014 Decision date: 22 May 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: Hon G Mullane, Senior Member Decision: 1. The Application is refused and dismissed. Catchwords: Working with Children- enabling application- applicant- poor credit and non disclosures. Legislation Cited: Child Protection (Working with Children) Act, 2012 Crimes Act 1900 Category: Principal judgment Parties: BFZ (Applicant) Children's Guardian (Respondent) Representation: Counsel JL Lucy (Respondent) BFZ (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1410141 Publication restriction: S34 Civil and Administrative Tribunal Act 2013

reasons for decision

INTRODUCTION 1This is an Application for an enabling order under s.28 of the Child Protection (Working with Children) Act, 2012 ("the Act"). The Applicant seeks to obtain an enabling order because he is disqualified from obtaining a Working With Children Check Clearance Certificate from the Children's Guardian because of a conviction for an offence which happened on 23 November 1997. It was an offence of indecent assault on a woman aged 26. The Applicant was 28 years of age at the time. 2The conviction was under s.61L of the Crimes Act 1900 and that is a disqualifying offence under Schedule 2 of the Act so that the Children's Guardian is prohibited from issuing a Working with Children Clearance Check to the Applicant unless he obtains an enabling order under s.28 of the Act from the Tribunal. The Children's guardian notified the Applicant of the decision not to grant the Clearance Check and the reason. 3The applicant has applied to the Tribunal for an enabling order.