BLI v Children’s Guardian [2015] NSWCATAD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BLI v Children's Guardian [2015] NSWCATAD 48 Hearing dates: 3 March 2015 Decision date: 19 March 2015 Before: J Anderson, Senior Member Decision: The Applicant's application 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 2007 of indecent assault – subsequent and prior offences – no further convictions since 2009 – 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Cited: Children and Young Persons (Care and Protection) Act 1998 Child Protection (Prohibited Employment) Act 1998 (repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal 2013 Crimes Act 1900 Cases Cited: Commissioner for Children and Young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 Texts Cited: BLI (Applicant) Children's Guardian (Respondent) Category: Principal judgment Parties: BLI (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Harstein (Respondent)

Solicitor: Care Legal (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 1410451 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2013, the name of the Applicant and the name of the any other person that would identify the name of the Applicant is not to be published or broadcasted without the leave of the Tribunal.