BFW v The Children's Guardian [2014] NSWCATAD 146

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BFW v The Children's Guardian [2014] NSWCATAD 146 Hearing dates: 24 June 2014 Decision date: 17 September 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: Hon G Mullane, Senior Member Decision: 1. The Tribunal declares that BFW is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act, 2012 in respect of the offence of possess child abuse material under s.91H(2) of the Crimes Act (NSW), 1900, for which he was convicted at Campbelltown Local Court on 8 August 2013. 2. The Children's Guardian must grant BFW a Working with Children Clearance. Catchwords: Working with Children - disqualifying conviction - Application for an Enabling Order. Legislation Cited: Child Protection (Working with Children) Act, 2012 Adoption Act 2000 Cases Cited: Commission For Children and Young People v V [2002] NSWSC 949 Category: Principal judgment Parties: BFW (Applicant) The Children's Guardian (Respondent) Representation: Counsel Mr R Lee (Respondent) BFW (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1410135 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies against publication of information that would identify the Applicant or any victim.

reasons for decision

INTRODUCTION 1Justin Bieber is a Canadian and a pop vocalist star known to young Australians. It appears from some of the material that in October 2012 it was reported on the internet that his laptop had been stolen containing some "personal footage". Subsequently a Twitter site began tweeting allegedly with links to private videos of Mr Bieber taken from the stolen laptop. According to rumours on the internet the footage included nude pictures of Justin Bieber. 2Subsequently, the Applicant saw on the internet a fake "nude photograph" of Justin Bieber. The photograph included the head of Justin Bieber, but the body was the naked body of a 13 or 14 year old male, including an erection. The Applicant saved the photograph/image on his computer. 3Accordingly, when Police searched his computer in January 2013, they found the image and he was charged under s.91H(2) of the Crimes Act 1900, with possession of child abuse material. 4He defended the charge. On 8 August 2013, the Campbelltown Local Court found the offence proved but without proceeding to conviction placed him on a section 10 Bond to be of good behaviour for 2 years. 5The Applicant is 35 years of age. Prior to the Court decision he had worked for the Department of Juvenile Justice in a juvenile detention centre for more than 7 years. He had also worked for the Department of Corrective Services for about 5 years, Parramatta Youth Service as a Youth Worker for about 3 months, and Sylvan Vale Disability Services since October 2013. 6However, since the decision of the Campbelltown Local Court finding the offence proved, under the Child Protection (Working with Children) Act, 2012 the Applicant is a disqualified person because of the offence and the Children's Guardian is under the legislation prohibited from issuing him with a Working with Children Check Clearance. 7Without that clearance he cannot obtain work in any employment that involves working with children and he has had employments that he had already commenced terminated. 8In addition, the Applicant has numerous young male friends, some of whom are under 18, and has worked with such people promoting them in various sports and activities and has also conducted since October 2013 a business called "Blackstar Management" which is about promoting and advising young males in relation to careers in various sport and other activity.