BFT v NSW Office of Children's Guardian [2014] NSWCATAD 159

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BFT v NSW Office of Children's Guardian [2014] NSWCATAD 159 Hearing dates: 19 May 2014 Decision date: 30 September 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: L. Goodchild, Senior 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 rape, of which he was convicted on 7 November 1978. 2.Pursuant to s.28(6) of the Child Protection (Working with Children) Act 2012, the Children's guardian is to grant the Applicant with a working with children clearance. Catchwords: Working With Children clearance- Disqualifying Conviction- Enabling Order- presumed to be at risk to children- whether applicant has proven to the contrary Legislation Cited: Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Child Protection (Prohibited Employment) Act 1998 (repealed) Administrative Decisions Tribunal Act 1997 Cases Cited: Commissioner for Children and Young People v FZ [2011] NSWCA 111 YG & GG v Minister for Community Services Category: Principal judgment Parties: BFT (Applicant) Children's Guardian (Respondent) Representation: Counsel Mr Batley (Applicant) Ms Lucy (Respondent) Coffs Coast Family Law (Applicant) Crown Solicitors Office (Respondent) File Number(s): 1410122 Publication restriction: s.64 Civil and Administrative Tribunal Act 2013