BJH v NSW Office of the Children's Guardian [2014] NSWCATAD 178

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BJH v NSW Office of the Children's Guardian [2014] NSWCATAD 178 Decision date: 22 October 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: Hon G Mullane, 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 "Commit Act of Indecency on Female Under the Age of 16 Years" found proved by the Supreme Court of NSW at Newcastle on 28 July 1988. 2. The Children's Guardian must grant BJH a Working with Children Check Clearance. Catchwords: Working with Children - disqualifying conviction - Enabling Order Legislation Cited: Child Protection (Working with Children) Act, 2012 Adoption Act, 2000 Child Protection (Prohibited Employment) Act 1998 NSW Crimes Act, 1900 Cases Cited: Commission for Children and Young People -v- V, [2002] NSWSC 949 Category: Principal judgment Parties: BJH (Applicant) The Children's Guardian (Respondent) Representation: Counsel: P F Lowson (Respondent)

BJH (Applicant in person) Crown Solicitors Office (Respondent) File Number(s): 1410299 Publication restriction: Section 64 (1) (a) of the Civil and Administrative Tribunal Act: An order prohibiting or restricting the disclosure of the name of any person (whether or not a party to proceedings in the Tribunal or a witness summoned by, or appearing before, the Tribunal).