BML v Children’s Guardian [2015] NSWCATAD 50

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BML v Children's Guardian [2015] NSWCATAD 50 Hearing dates: 5 March 2015 Decision date: 24 March 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: Hon G Mullane ADCJ, Principal member Decision: 1. The Tribunal declares that the Applicant is not to be treated as a disqualified person for purposes of the Child Protection (Working with Children) Act, 2012 in respect of the offence of "Carnally knowing a girl between 10 and 16" found proved by the Moss Vale Court of Petty Sessions on 17January 1980.

2. The Children's Guardian must grant the Applicant a Working with Children Check Clearance. Catchwords: Working with children – disqualifying offence- carnal knowledge – credit of applicant poor- enabling application granted Legislation Cited: Crimes Act 1900; Child Protection (Working with Children) Act 2012; Adoption Act 2000; Cases Cited: Commission For Children and Young People v V [2002] NSWSC 949 Texts Cited: Nil Category: Principal judgment Parties: BML (Applicant) Children's Guardian (Respondent) Representation: Counsel: S Flannigan (Applicant) R Lee (Respondent)

Solicitors: Waterford Ryan Solicitors (Applicant) Crown Solicitors Office (Respondent) File Number(s): 1410532 Publication restriction: The name of the Applicant or of any other person that would identify the Applicant is not to be published or broadcast without leave of the Tribunal.