BDA v Office of the Children's Guardian, Children's Guardian [2014] NSWCATAD 89

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BDA v Office of the Children's Guardian, Children's Guardian [2014] NSWCATAD 89 Hearing dates: 10 March and 19 May 2014 Decision date: 19 May 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member 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 committing an two counts of indecent assault under s 61L of the Crimes Act 1900, of which he was convicted, on 13 August 1996. 2. Pursuant to subs 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 - 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: Child Protection (Prohibited Employment) Act 1998 Child Protection (Working with Children) Act 2012 Commission for Children and Young People Act 1998 Crimes Act 1900 Cases Cited: Commission for Children and Young People v V [2002] NSWSC 949 Category: Principal judgment Parties: BDA (Applicant) Office of the Children's Guardian, Children's Guardian (Respondent) Representation: Napier Keen (Applicant) Crown Solicitors Office (Respondent) File Number(s): 1340051 Publication restriction: s 64 of the Civil and Administrative Tribunal Act 2013.