BNP v Children’s Guardian [2015] NSWCATAD 133

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BNP v Children's Guardian [2015] NSWCATAD 133 Hearing dates: 13 May 2015 Decision date: 26 June 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Anderson, Senior Member Decision: The application for an enabling order is refused. Catchwords: ADMINISTRATIVE LAW – child protection – enabling order - working with children check clearance – disqualified person – disqualifying offence was a conviction in 2000 of aggravated indecent assault of a 10 year old child – victim unrelated to applicant - no further disqualifying offences – applicant aged 70 at time of Tribunal hearing –whether applicant discharged his onus to rebut the statutory presumption that he poses a risk to the safety of children – onus not 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Cited: Children and Young Persons (Care and Protection) Act 1998 Child Protection (Prohibited Employment) Act 1998 (repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal 2013 Crimes Act 1900 Cases Cited: Commissioner for Children and Young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 Texts Cited: BNP (Applicant) Children's Guardian (respondent) Category: Principal judgment Parties: BNP (Applicant) Children's Guardian (respondent) Representation: Counsel: V Hartstein (Respondent) Solicitor: BNP (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1410609 Publication restriction: Section 64(1) Civil and Administrative Tribunal Act 2013 – Restriction on publication of information that will identify the application, any victims, or evidence given or received in these Tribunal hearing or in relation to the proceedings which is likely to identify those persons.