BFU v Children’s Guardian [2015] NSWCATAD 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BFU v Children's Guardian [2015] NSWCATAD 6 Hearing dates: 25 June, 7 August and 8 September 2014 Date of orders: 15 January 2015 Decision date: 15 January 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: The applicant's applicant for an enabling order is refused Catchwords: ADMINISTRATIVE LAW – child protection –working with children check clearance – application for an enabling order – applicant a disqualified person by reason of his convictions, in 2006, of one count of possessing child pornography and one count of aggravated indecent assault of a person under the age of 16 years – whether applicant has discharged his onus to rebut the statutory presumption that he poses a risk to the safety of children Legislation Cited: Child Protection (Prohibited Employment) Act 1998 (repealed) Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Commission for Children and Young People Act 1998 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 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: BFU (Applicant) Children's Guardian (Respondent) Representation: Counsel: R Lee (Respondent) Solicitors: BFU (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1410132 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2013, the name of the applicant and the name of the any other person that would identify the name of the applicant are not to be published or broadcasted without the leave of the Tribunal