BKE v Children's Guardian [2014] NSWCATAD 185

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BKE v Children's Guardian [2014] NSWCATAD 185 Hearing dates: 26 August 2014 Decision date: 31 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 - working with children check clearance - disqualified person - applicant convicted of a disqualifying offence of carnal knowledge in 1970 - 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his onus and rebutted the statutory presumption Legislation Cited: Child Protection Prohibited Employment Act 1998 (repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Commission for Children and Young People Act 1998 Cases Cited: Commission for Children and Young People v V (2002) NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 11 Category: Principal judgment Parties: BKE (Applicant) Children's Guardian (Respondent) Representation: J Allan, Legal Aid Dubbo (Applicant) Crown Solicitor (Respondent) File Number(s): 1410360 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and the name of any other person which would identify the name of the applicant or child referred to in the evidence is not to be published or broadcasted without the leave of the tribunal.