BEB v The Children's Guardian [2014] NSWCATAD 194

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BEB v The Children's Guardian [2014] NSWCATAD 194 Hearing dates: 8 May 2014 and 21 October 2014 Decision date: 11 November 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: Hon G Mullane, Senior Member Decision: 1. The Application of BEB for an Enabling order is refused and dismissed. Catchwords: Working with Children - Enabling Application 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: BEB (Applicant) Children's Guardian (Respondent) Representation: P Cummins (Applicant) Crown Solicitors' Office (Respondent) File Number(s): 1410026 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2013, the name of the applicant and the name of the any other person that would identify the name of the applicant is not to be published or broadcasted without the leave of the tribunal.

reasons for decision

INTRODUCTION 1On 1 June 1996 the Applicant indecently assaulted an 8 year old girl he was baby-sitting. He pleaded guilty to the offence in the Local Court on 8 November 1996 and was sentenced to 9 months imprisonment. He appealed against the severity of the sentence to the District Court and on 17 December 1996 the District Court confirmed the conviction and the sentence of 9 months, but reduced the minimum term to 2 months. 2The offence was an offence under s.61O of the Crimes Act, 1900. Since the advent of the Child Protection (Working with Children) Act, 2012 ("the Act"), the offence is a disqualifying offence pursuant to Schedule 2 of the Act, which means the Children's Guardian is prohibited from providing BEB with a working with children check clearance in response to an application by BEB to the Children's Guardian. 3The Applicant says that he has had serious problems obtaining any employment because of the conviction and the fact that the Children's Guardian has refused to provide him with a working with children check clearance. 4The Applicant has therefore applied to the Tribunal under s.28 of the Act for an enabling order declaring that he is not to be treated as a disqualified person in respect of that offence and is to be granted a check clearance.