BGW v NSW Office of the Children's Guardian [2014] NSWCATAD 179

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BGW v NSW Office of the Children's Guardian [2014] NSWCATAD 179 Hearing dates: 15 September 2014 Decision date: 22 October 2014 Before: M W Anderson, Senior Member Decision: The application filed 24 April 2014 seeking an enabling order under section 28 of the Child Protection (Working with Children) Act 2012 is refused and dismissed. Catchwords: ADMINISTRATIVE LAW-Working with Children check clearance sought by way of an enabling order under section 28 of the Child Protection (Working with Children) Act 2012- disqualifying offence section 66C(1) Crimes Act 1900 sexual intercourse with a person above the age of 10 and under the age of 16, namely a 13 year old girl-whether the applicant has proven he is not a risk to the safety of children-risk assessment by expert and limitations of risk assessment tools-Tribunal not bound by the rules of evidence-onus of proof-failure to discharge the onus of proof- enabling order refused. Legislation Cited: Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Rules 2014 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995 Family Law Act 1975 (Cth) Interpretation Act 1987 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 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; 56 NSWLR 476 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32 R v Commission for Children and Young People [2002] NSWIRComm 101 Roberts v Balancio (1987) 8 NSWLR 436 Category: Principal judgment Parties: BGW (Applicant) NSW Office of the Children's Guardian (Respondent) Representation: Craig Milne & Company (Applicant) Crown Solicitor Office (Respondent) File Number(s): 1410208 Publication restriction: Section 64 (1), Civil and Administrative Tribunal Act 2013-restricition on publication of information that will identify the applicant, any victims, witnesses, or evidence given and received in the Tribunal or in relation to the proceedings which is likely to identify those persons.