BNJ v Children’s Guardian [2015] NSWCATAD 96

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BNJ v Children's Guardian [2015] NSWCATAD 96 Hearing dates: 10 April 2015 Decision date: 12 May 2015 Before: J Anderson, Senior Member Decision: The Tribunal declares that the applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of the offence of aggravated indecency found proved by the Local Court of NSW at Kiama on 9 July 2014.

The respondent must grant the applicant a Working with Children Check Clearance. Catchwords: ADMINISTRATIVE LAW – child protection – enabling order - working with children check clearance – disqualified person – disqualifying offence in 2014 of aggravated indecency – whether Applicant discharged his onus to rebut the statutory presumption that he poses a risk to the safety of children – no findings that offence was committed for sexual gratification –corroborative medical evidence – no offences against children - onus 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Cited: Children and Young Persons (Care and Protection) Act 1998 Child Protection (Prohibited Employment) Act 1998 (repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal 2013 Crimes Act 1900 Cases Cited: Commissioner for Children and Young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 Category: Principal judgment Parties: BNJ (Applicant) Children's Guardian (Respondent) Representation: Counsel: Ms Ward (Respondent) BNJ (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1410592 Publication restriction: Section 64(1) Civil and Administrative Tribunal Act 2013 – Restriction on publication of information that will identify evidence given and received in this Tribunal hearing or in relation to the proceedings which is likely to identify those persons.