BFB -v- The Children's Guardian [2014] NSWCATAD 92

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BFB -v- The Children's Guardian [2014] NSWCATAD 92 Decision date: 09 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 - Sexual abuse of 4 year old child 30 years ago - alcoholism and subsequent sexualised behaviour - Application refused Legislation Cited: Child Protection (Working with Children) Act 2012; Crimes Act, 1900 Category: Principal judgment Parties: BFB (Applicant ) The Children's Guardian (Respondent ) Representation: Counsel Ms P Lowson, (Respondent) BFB (Applicant in person) Crown Solicitors Office (Respondent) File Number(s): 1410071 Publication restriction: S64 Civil and Administrative Tribunal Act 2013 restriction against publication of information that will identify Applicant or victim(s)

reasons for decision

INTRODUCTION 1In 1983 the Applicant was caring for a 4 year old boy. The mother of the child was a neighbour. The Applicant was living alone and minded the child for the mother. He kissed and sucked the child's penis and had the child kiss his penis. 2The Applicant was convicted of the offence of "Commit an act of indecency with a boy under 16". Under the Child Protection (Working with Children) Act, 2012 ("the Act") that conviction renders the Applicant disqualified from obtaining a Working with Children Check Clearance from the Children's Guardian. Persons without such clearances are prohibited from working with children. 3In 1985 the Applicant became a father and from 1991 he was a step-father. On 17 June 1991 he obtained a custody order in his favour in respect of the step-son, "D", in undefended proceedings in the Kogarah Local Court. 4This is a hearing of his application for an enabling Order that would require the Children's Guardian to ignore the conviction for purposes of issuing a Working with Children Check Clearance.