BKP v Children's Guardian [2014] NSWCATAD 207

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BKP v Children's Guardian [2014] NSWCATAD 207 Hearing dates: 7 November 2014 Decision date: 28 November 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member Decision: The application filed 23 July 2014 seeking an enabling order under section 28 of the Child Protection (Working with Children) Act 2012 is refused and dismissed. Catchwords: ADMINISTRATIVE LAW-Working with Children check clearance sought by way of an enabling order under section 28 of the NSW Child Protection (Working with Children) Act 2012- disqualifying offence section 61L NSW Crimes Act 1900 -whether the applicant has proven he is not a risk to the safety of children-Tribunal not bound by the rules of evidence-onus of proof-failure to discharge the onus of proof-enabling order refused. Legislation Cited: Child Protection (Working with Children) Act 2012 Civil and Administrative Rules 2014 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFN v NSW Office of the Children's Guardian [2014] NSWCATAD 162 BFX v Children's Guardian [2014] NSWCATAD 115 BYR v Children's Guardian [2013] NSWADT 310 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32 Meissner v R (1995) 184 CLR 132 R v Commission for Children and Young People [2002] NSWIRComm 101 Roberts v Balancio (1987) 8 NSWLR 436 Category: Principal judgment Parties: BKP (Applicant) Children's Guardian (Respondent) Representation: Lighthouse Law Group (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 1410392 Publication restriction: Section 64 (1), Civil and Administrative Tribunal Act 2013-restricition on publication of information that will identify the applicant, any victims, non-professional witnesses, or evidence given and received in the Tribunal or in relation to the proceedings which is likely to identify those persons.