BGS v Children’s Guardian [2015] NSWCATAD 57

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BGS v Children's Guardian [2015] NSWCATAD 57 Hearing dates: 5 November 2014 and 11 February 2015; last written submissions received 13 March 2015 Decision date: 27 March 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member Decision: 1) The application filed 22 April 2014 seeking an enabling order under section 28 of the Child Protection (Working with Children) Act 2012 (NSW) is granted.

2) The Tribunal declares that the applicant is not be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 (NSW) in respect of the offence under section 61E(1) of the Crimes Act 1900 (NSW). Catchwords: ADMINISTRATIVE LAW- Working with Children check clearance sought by way of an enabling order under section 28 of the Child Protection (Working with Children) Act 2012- disqualifying offence section 61E(1) of the Crimes Act 1900 (NSW), indecent assault of a 15 year old girl by the applicant in 1990- plea of guilty resulting in a finding that the offence was proved but, without proceeding to conviction, a conditional discharge to be of good behaviour- whether 'conviction' as defined in section 5 of the Child Protection(Care and Protection) Act 2012 applies- whether the applicant has proven he is not a risk to the safety of children- Tribunal not bound by the rules of evidence- consent adjournment to permit the applicant to obtain expert opinion- onus of proof discharged- application for an enabling order granted. Legislation Cited: Child Protection (Working with Children) Act 2012(NSW) Civil and Administrative Tribunal Act 2013 (NSW) Commission for Children and Young People Act 1998 (NSW) Court Suppression and Non-Publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Family Law Act 1975 (Cth) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BCS v NSW Civil & Administrative Tribunal [2015] NSWSC 126 BFX v Children's Guardian [2014] NSWCATAD 115 BKP v Children's Guardian [2014] NSWCATAD 207 BYR v Children's Guardian [2013] NSWADT 310 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32 LA v Commissioner for Children and Young People [2012] NSWSC 1454 Meissner v R (1995) 194 CLR 132 R v Commission for Children and Young People [2002] NSWIRComm 101 Roberts v Balancio (1987) 8 NSWLR 436 Category: Principal judgment Parties: BGS (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Bonnor (Respondent) Solicitors: Harbour Law (Applicant) Crown Solicitors Office (Respondent) File Number(s): 1410199 Publication restriction: Section 64 (1) Civil and Administrative Tribunal Act 2013 (NSW)-restriction on publication of information that will identify the applicant, any victim, non-professional witnesses, or evidence given and received in the Tribunal or in relation to the proceedings which is likely to identify those persons.