BMZ v Children’s Guardian [2015] NSWCATAD 81

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BMZ v Children's Guardian [2015] NSWCATAD 81 Hearing dates: 18 February 2015 Decision date: 22 April 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: R Booby, Senior member Decision: 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 sexual intercourse without consent of which he was convicted at the District Court at Lismore on 16 May 1997.

Pursuant to subs 28(6) of the Child Protection (Working with Children) Act 2012, the Children's Guardian is to grant the Applicant a Working with Children Check Clearance. Catchwords: ADMINISTRATIVE LAW - child protection - working with children clearance check - disqualified person - whether applicant has discharged his onus to establish the contrary – meaning of risk – Legislation Cited: Family Law Act 1975 (Cth) Child Protection (Working with Children) Act 2012 NSW Crimes Act 1900 NSW Civil and Administrative Tribunal Act 2013 NSW Commission for Young Children and Young People Act 1998 Evidence Act 1995 NSW Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Neat Holdings Pty Ltd v Karjan Holdings Pty Ltd (1992) 110 ALR 449 Category: Principal judgment Parties: BMZ (Applicant) Children's Guardian (Respondent) Representation: Counsel: R Lee (Respondent)