BKY v Children's Guardian [2014] NSWCATAD 201

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BKY v Children's Guardian [2014] NSWCATAD 201 Hearing dates: 1 October 2014 Decision date: 20 November 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: M Andrews, Senior Member Decision: The application for an enabling order is refused. Catchwords: ADMINISTRATIVE LAW - Working with Children Clearance - s. 28 Enabling order application - disqualifying offence s. 61N Crimes Act 1900 NSW - whether the applicant has discharged his onus that he poses no risk to the safety of children - fiduciary relationship giving rise to certain vulnerability - vulnerability of young person over the age of 18. Legislation Cited: Child protection (Working with Children) Act 2012 Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995 Interpretation Act 1987 Cases Cited: BFX v Children's Guardian [2014] NSWCATD 115 BGR v Children's Guardian [2014] NSWCATD 150 BYR v Children's Guardian [2013] NSWADT 310 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Category: Principal judgment Parties: BKY (Applicant) File Number(s): 1410412 Publication restriction: Section 64 (1) Civil and Administrative Tribunal Act 2013 - restriction 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.