BLP v Children’s Guardian [2015] NSWCATAD 107

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BLP v Children's Guardian [2015] NSWCATAD 107 Hearing dates: 26 March 2015 Decision date: 25 May 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: R Booby, Senior Member Decision: The application is refused and dismissed Catchwords: ADMINISTRATIVE LAW - child protection - working with children clearance check - disqualified person - meaning of risk, applicant failed to discharge his burden of proof Legislation Cited: Crimes Act 1900 NSW Commission for Children and Young People Act 1998 NSW Child Protection (Working with Children) Act 2012 NSW Civil and Administrative Tribunal Act 2013 Cases Cited: Commissioner for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949 ADV v Commission for Children and Young People [2012] NSWADT 8, RD v Commissioner NSW Commission for Children and Young People [2011] NSWADT 140 RV v Commission for Children and Young People [2007] NSWADT 299 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 Category: Principal judgment Parties: BLP (Applicant) Children's Guardian (Respondent) Representation: Solicitors: BLP (Applicant in person) Crown Solicitor of NSW (Respondent) File Number(s): 1400469 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