BEF v Children's Guardian [2014] NSWCATAD 182

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BEF v Children's Guardian [2014] NSWCATAD 182 Hearing dates: 23 April 2014 Decision date: 30 October 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: The applicant's application for an enabling order is refused. Catchwords: ADMINISTRATIVE LAW - child protection - enabling order - working with children check clearance - disqualified person - applicant convicted of aggravated indecent assault against a person aged 25 years - statutory presumption the applicant poses a risk to the safety of children - whether the applicant has discharged his onus and rebutted the statutory presumption Legislation Cited: Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Civil and Administrative Tribunal 2013 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 Category: Principal judgment Parties: BEF (Applicant) Children's Guardian (Respondent) Representation: Legal Aid NSW (Applicant) Crown Solicitors Office (Respondent) File Number(s): 1410027 Publication restriction: Pursuant to subsection 64(1) of the Civil and Administrative Tribunal Act 2013, the name of the applicant and the name of the any other person that would identify the name of the applicant is not to be published or broadcasted without the leave of the tribunal.