BHK v NSW Children’s Guardian [2015] NSWCATAD 30

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BHK v NSW Children's Guardian [2015] NSWCATAD 30 Hearing dates: 18 November 2014 Decision date: 03 March 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: Application refused and dismissed. Catchwords: ADMINISTRATIVE LAW - child protection – application for an enabling order to be granted a working with children check clearance – applicant a disqualified person – conviction of a disqualifying offence 24 years ago – whether applicant has discharged his onus and rebutted the statutory presumption that he poses a risk to the safety of children Legislation Cited: Civil and Administrative Tribunal Act 2013 Child Protection (Working with Children) Act 2012 Child Protection (Prohibited Employment) Act 1998 (repealed)Criminal Code 1899 (Queensland) Child Protection (Working with Children) Regulation 2013 Cases Cited: Commissioner for Children and Young People v FZ [2011]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: BHK (Applicant) NSW Children's Guardian (Respondent) Representation: Counsel: D Ward (Respondent)

Solicitors: BHK (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1410252 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2013, the name of the applicant and the name of the any other person that would identify the name of the applicant is not to be published or broadcasted without the leave of the Tribunal