BGE v Children's Guardian [2014] NSWCATAD 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BGE v Children's Guardian [2014] NSWCATAD 120 Hearing dates: 2 July 2014 Decision date: 26 August 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 carnal knowledge, of which he was convicted on 16 March 1977. 2. Pursuant to subs 28(6) of the Child Protection (Working with Children) Act 2012, the respondent is to grant the applicant with a working with children clearance. Catchwords: ADMINISTRATIVE LAW - child protection - working with children clearance check - disqualified person - disqualifying offence committed in 1998 - by reason of offence presumed to be a risk to children - whether applicant has discharged his onus to establish the contrary Legislation Cited: Child Protection (Working with Children) Act 2012 Child Protection (Prohibited Employment) Act 1998 (repealed) Civil and Administrative Tribunal Act 2013 Commission for Children and Young People 1998 Cases Cited: Commission for Children and Young People v [2002] NSWSC 949 Category: Principal judgment Parties: BGE (Applicant) NSW Office of Children, Children's Guardian (Respondent) Representation: Counsel R Lee (Respondent) Blake Lawyers (Applicant) NSW Crown Solicitor's Office for the (Respondent) File Number(s): 1410151 Publication restriction: Pursuant to subsection 64(1) of the Civil and Administrative Tribunal Act 2013, the name of the applicant and the name of the applicant's children and grandchildren are not to be published without the leave of the Tribunal.