BKA v Office of the Children’s Guardian [2015] NSWCATAD 71

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BKA v Office of the Children's Guardian [2015] NSWCATAD 71 Hearing dates: 19 December 2014 Decision date: 14 April 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Decision: The application for an enabling order is granted. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – disqualified person – disqualifying offence occurred in 1978 – by reason of offence presumed to be a risk to children – whether applicant has discharged his onus to establish the contrary. Legislation Cited: Child Protection (Prohibited Employment) Act 1998 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Commission for Children and Young People Act 1998 Cases Cited: Commission for Children and Young People v V [2002] NSWSC 949. Category: Principal judgment Parties: BKA (Applicant) Officer of the Children's Guardian (Respondent) Representation: Counsel: G Mahony (Respondent)

Solicitors: BKA (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1410349 Publication restriction: Section 64(1) Civil and Administrative Tribunal Act 2013 - Restriction against publication of information that will identify the applicant, any victims, witnesses, or evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons.