BJA v The Children's Guardian [2014] NSWCATAD 191

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BJA v The Children's Guardian [2014] NSWCATAD 191 Hearing dates: 24 September 2014 Decision date: 07 November 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Decision: The applicant's application for an enabling order is granted. Catchwords: ADMINISTRATIVE LAW - child protection - working with children clearance check - disqualified person - disqualifying offence occurred in 1972 or 1973 - by reason of offence presumed to be a risk to children - whether applicant has discharged his onus to establish the contrary - power of the Children's Guardian to require a working with children clearance check where the applicant does not live in NSW. Legislation Cited: Child Protection (Prohibited Employment) Act 1998 Child Protection (Working with Children) Act 2012 Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Commission for Children and Young People Act 1998 Crimes Act 1900 Cases Cited: Billington v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] FCA 480 Broken Hill South Ltd v Commissioner of Taxation (NSW) [1937] HCA 4; (1937) 56 CLR 337 Commission for Children and Young People v V [2002] NSWSC 949. Category: Principal judgment Parties: BJA (Applicant) The Children's Guardian (Respondent) Representation: P Braine (Applicant) Crown Solicitors Office (Respondent) File Number(s): 1410284 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.