BLM v NSW Office of the Children’s Guardian [2015] NSWCATAD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BLM v NSW Office of the Children's Guardian [2015] NSWCATAD 4 Hearing dates: 30 October 2014 Date of orders: 14 January 2015 Decision date: 14 January 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: M. Andrews, Senior Member Decision: The application for an enabling order is granted Catchwords: ADMINISTRATIVE LAW – Working with Children Clearance – s. 28 Enabling order application – disqualifying offence s. 61L Crimes Act 1900 NSW – whether the applicant has discharged his onus that he poses no risk to the safety of children. 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 BKY v Children's Guardian [2014] NSWCATD 201 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 R v Commission for Children and Young People [2002] NSWIRComm 101 Category: Principal judgment Parties: BLM (Applicant) NSW Office of the Children's Guardian (Respondent) Representation: Counsel: G Moore (Respondent) Solicitors: Voros Lawyers (Applicant) Crown Solicitors Office (Respondent) File Number(s): 1410462 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.