BJS v Children’s Guardian [2015] NSWCATAD 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BJS v Children's Guardian [2015] NSWCATAD 47 Hearing dates: 28 October and 28 November 2014 Decision date: 19 March 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: 1. Declare that the applicant not be treated as a disqualified person for the purposes of the Child Protection (Working With Children) Act 2012 in respect of the two offences of sexual assault (unlawful and indecent assault), contrary to the Queensland Criminal Code Act 1899, of which he was convicted on 25 January 2002.

2. Pursuant to subs 28(6) of the Child Protection (Working with Children) Act 2012, the respondent is to grant the applicant with a working with children clearance 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 of sexual assault (unlawful and indecent assault) contrary to the Queensland Criminal Code Act 1899 – statutory presumption the applicant poses a risk to the safety of children – onus on applicant to rebut the statutory presumption – onus discharged Legislation Cited: Child Protection (Prohibited Employment) Act 1998 (repealed) Child Protection (Working with Children) Act 2012 Criminal Code Act 1899 (Qld) Cases Cited: Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 Texts Cited: BJS (Applicant) Children's Guardian (Respondent) Category: Principal judgment Parties: BJS (Applicant) Children's Guardian (Respondent) Representation: Counsel: R Moore (Respondent)