BBZ v Office of the Children's Guardian [2014] NSWCATAD 112

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BBZ v Office of the Children's Guardian [2014] NSWCATAD 112 Hearing dates: 5 March 2014 Decision date: 01 August 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: L. Goodchild, Senior 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 rape, of which he was convicted on 25 March 1971. 2. Pursuant to subsection 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- Disqualifying Conviction- Enabling Order- presumed to be at risk to children- whether applicant has proven to the contrary Legislation Cited: Children Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Child Protection (Prohibited Employment) Act 1998 (repealed) Administrative Decision Tribunal Act 1997 Cases Cited: Commission for Children and Young People v FZ [2011] NSWCA 111 YG & GG v Minister for Community Services Category: Principal judgment Parties: BBZ (Applicant) Children's Guardian (Respondent) Representation: Counsel G Moore (Respondent) Nelson Keane & Hemingway (Applicant) Crown Solicitors Office (Respondent) File Number(s): 134030 Publication restriction: S64 of the Civil and Administrative Tribunal Act 2013