BGI v Office of Children's Guardian [2014] NSWCATAD 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BGI v Office of Children's Guardian [2014] NSWCATAD 149 Hearing dates: 20 August 2014 Decision date: 19 September 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Decision: The applicant's application for an enabling order is granted. Catchwords: ADMINISTRATIVE LAW - child protection - working with children clearance check - disqualified person - disqualifying offence occurred in 1972 - 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 Civil and Administrative Tribunal Act 2013 Commission for Children and Young People Act 1998 Crimes Act 1900 Cases Cited: Commission for Children and Young People v V [2002] NSWSC 949 Category: Principal judgment Parties: BGI (Applicant) Office of Children's Guardian (Respondent) Representation: Counsel J Ghabrial (Applicant) R Lee (Respondent) Legal Aid NSW (Applicant) Crown Solicitor (Respondent) File Number(s): 1410162 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.