BFX v Children's Guardian [2014] NSWCATAD 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BFX v Children's Guardian [2014] NSWCATAD 115 Hearing dates: 16/07/2014 Decision date: 12 August 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member Decision: The applicant's application for an enabling order is granted. 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 sexual intercourse without consent under section 61 I Crimes Act 1900, of which he was convicted on 26 February 1999. 2. Pursuant to subsection 28 (6) of the Child Protection (Working with Children) Act 2012, the Children's Guardian is to grant the applicant a working with Children clearance. Catchwords: Working with Children clearance-Enabling Order application by a disqualified person-presumption the applicant poses a risk to the safety of children- Offence under s61I Crimes Act 1900 occurred 16 years ago with a woman a year older than the applicant-Tribunal not bound by rules of evidence- whether the applicant has proven he is not a risk to the safety of children. Legislation Cited: Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Rules 2014 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Evidence Act 1995 Family Law Act 1975(Cth) Interpretation Act 1987 Crimes (Sentencing Procedure) Act 1999 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BYR v Children's Guardian [2013] NSWADT 310 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 M v M [1988] HCA 68; 166 CLR 69 MXS v Department of Family and Human Services (NSW) [2012] NSWDC 63 R v Commission for Children and Young People [2002] NSWIRComm 101 Roberts v Balancio (1987) 8 NSWLR 436 Texts Cited: Oxford English Dictionary (Second Edition) Category: Principal judgment Parties: BFX (Applicant) Children's Guardian (Respondent) Representation: G Moore (Respondent) BFX (Applicant in person) Crown Solicitor (Respondent) File Number(s): 1410136 Publication restriction: Section 64(1), Civil and Administrative Tribunal Act 2013 - Restriction against publication of information that will identify the applicant, any victims, witnesses, or evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons.