BGR v Children's Guardian [2014] NSWCATAD 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BGR v Children's Guardian [2014] NSWCATAD 150 Hearing dates: 12 August 2014 Decision date: 23 September 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: R Booby, Senior Member Decision: 1. Declare that the applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 NSW in respect of the offence of assault and commit an act of indecency of which he was convicted on 29 January 1997. 2. Pursuant to subsection 28(6) of the Child Protection (Working with Children) Act 2012 NSW 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 safety to children, offence under s61L Crimes Act 1900, occurred 18 years ago, whether the applicant has proved he is not a risk to 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 NSW Crimes Act 1900 NSW Civil and Administrative Tribunal Act 2013 Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949 IH v Commission for Children and Young People [2009] NSWADT 202 L v Commission for Children and Young People & anor [2008] NSWIR Comm 195 R v Commission for Children and Young People [2002] NSWIR Comm 101 RD v Commissioner NSW Commission for Children and Young People [2011] NSWADT 140 RV v Commission for Children and Young People [2007] NSWADT 299 Category: Principal judgment Parties: BGR (Applicant) Representation: Legal Aid NSW (Applicant) Crown Solicitors Office (Respondent) File Number(s): 1410196 Publication restriction: Section 64 (1) Civil and Administrative Tribunal Act 2013 - restriction against publication of information regarding 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