BMO v Children's Guardian [2014] NSWCATAD 226

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BMO v Children's Guardian [2014] NSWCATAD 226 Hearing dates: 1 December 2014 Decision date: 19 December 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: The applicant's applicantion for an enabling order is refused. Catchwords: ADMINISTRATIVE LAW - child protection - enabling order - working with children check clearance - disqualified person - disqualifying offence was a conviction in 1978 of attempt to commit rape - subsequent and prior offences - no further disqualifying offence since 1999 - whether applicant discharged his onus to rebut the statutory presumption that he poses a risk to the safety of children - onus not discharged Legislation Cited: Children and Young Person (Care and Protection) Act 1998 Child Protection (Prohibited Employment) Act 1998 (repealed) Child Protection (Working with Children) Act 2012 Children and Young persons (Care and Protection) Act 1998 Civil and Administrative Tribunal 2013 Crimes Act 1900 Cases Cited: Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 Category: Principal judgment Parties: BMO (Applicant) Children's Guardian (Respondent) Representation: Crescent Head Legal (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 1410534 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2013, the name of the applicant and the name of the any other person that would identify the name of the applicant is not to be published or broadcasted without the leave of the Tribunal.