BFN v NSW Office of Children - Children's Guardian [2014] NSWCATAD 162

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BFN v NSW Office of Children - Children's Guardian [2014] NSWCATAD 162 Hearing dates: 14 May and 23 July 2014 Decision date: 23 July 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal 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 offences of committing two counts of carnal knowledge of which he was convicted on 2 March 1976. 2. Pursuant to subs 28(6) of the Child Protection (Working With Children) Act 2012 the respondent is to grant the applicant with the working with children check clearance. Catchwords: ADMINISTRATIVE LAW - child protection - working with children check clearance - disqualified person - whether the applicant has discharged his onus that he does not pose a risk to the safety of children Legislation Cited: Child Protection Prohibited Employment Act 1998 (repealed) Child Protection (Working with Children) Act 2012 Commission for Children and Young People Act 1998 Cases Cited: Commission for Children and Young People v V (2002) NSWSC 949 Category: Principal judgment Parties: BFN (Applicant) NSW Office of Children-Children's Guardian (Respondent) Representation: Shoalcoast Community Legal Centre Inc. (Applicant) Crown Solicitors Offce (Respondent) File Number(s): 1410103 Publication restriction: Pursuant to subs 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the name of the applicant and any child referred to in the evidence before the tribunal and the name of any other person which would identify the name of the applicant or child referred to in the evidence is not to be published or broadcasted without the leave of the tribunal.