BHD v NSW Office of the Children's Guardian [2014] NSWCATAD 165

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BHD v NSW Office of the Children's Guardian [2014] NSWCATAD 165 Hearing dates: 10 July 2014 and 25 August 2014 Decision date: 07 October 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: R Booby, Senior Member Decision: 1)The Tribunal declares that the Applicant is not to be treated as a disqualified person for purposes of the Child Protection (Working with Children) Act, 2012 in respect of the offences of assault and commit an act of indecency upon a person under the age of 16 years and sexual intercourse without consent with a person under the age of 16 years of which he was convicted at Moree District Court on 14 December 1992 2)Pursuant to subs 28(6) of the Child Protection (Working with Children) Act 2012, the Children's Guardian is to grant the Applicant a Working with Children Check Clearance. Catchwords: ADMINISTRATIVE LAW - child protection - working with children clearance check - disqualified person - disqualifying offence occurred in 1989- by reason of offence presumed to be a risk to children - whether applicant has discharged his onus to establish the contrary Legislation Cited: Child Protection (Working with Children) Act 2012 Crimes Act 1900 Child Protection (Prohibited Employment) Act 1998 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: BHD (Applicant) Office of the Children's Guardian (Respondent) Representation: Counsel D Ward (respondent) Legal Aid (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 1410229 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.