BHV v Office of the Children's Guardian, Children's Guardian [2014] NSWCATAD 163

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BHV v Office of the Children's Guardian, Children's Guardian [2014] NSWCATAD 163 Hearing dates: 27 August 2014 Decision date: 27 August 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 offence of unlawful carnal knowledge of a girl under the age of 16 years of which he was convicted on 26 February 1982. 2. Pursuant to subsection 28(6) of the Child Protection Working with Children Act 2012 the respondent is to grant the applicant with a 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 (Working with Children) Act Cases Cited: Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v (2002) NSWSC 949 Category: Principal judgment Parties: BHV (Applicant) Office of the Children's Guardian, Children's Guardian (Respondent) Representation: Counsel P Lawson (Respondent) Hunter Community Legal Centre (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 1410275 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and the name of any other person which would identify the name of the applicant or child referred to in the evidence is not to be published or broadcasted without the leave of the tribunal.