BHA v Children's Guardian [2014] NSWCATAD 161

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BHA v Children's Guardian [2014] NSWCATAD 161 Decision date: 03 October 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: T Sheedy, Senior Member Decision: The application for an enabling order is refused. Catchwords: Working with children clearance - application for enabling order by disqualified person - presumption the applicant poses a risk to the safety of children - whether the applicant has proven the contrary Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulations 2013 Child Protection (Prohibited Employment) Act 1998 (repealed) Commission for Children and Young People Act 1998 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Interpretation Act 1987 Cases Cited: ADV v Commissioner for Children and Young People [2012] NSWADT 8 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BYR v Children's Guardian [2013] NSWADT 310 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949 R v Commission for Children and Young People [2002] NSWIRComm 101 RD v Commission for Children and Young People [2007] NSWADT 299 RV v Commissioner for Children and Young People [2007] NSWADT299 Category: Principal judgment Parties: BHA (Applicant) Children's Guardian Representation: Counsel G Moore (Respondent) Legal Aid NSW(Applicant) Crown Solicitor's Office (Respondent) File Number(s): 1410222 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