BPG v Children’s Guardian [2015] NSWCATAD 157

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BPG v Children's Guardian [2015] NSWCATAD 157 Hearing dates: 22 June 2015 Decision date: 31 July 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member Decision: (1) 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 for the offence of Carnal Knowledge for which he was convicted in 1978.

(2) Pursuant to section 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: CHILD PROTECTION – Working with children – whether applicant poses risk - real and appreciable risk – safety of children Legislation Cited: Child Protection (Working With Children) Act 2012 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Criminal Records Act 1991 Cases Cited: Commission for Children and Young People v FZ [2011] NSWCA 111 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 M v M [1988] HCA 68: 166 (CLR) 69 Category: Principal judgment Parties: BPG (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartsein (Respondent) Solicitors: BPG (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1410633 Publication restriction: Section 64 (1) Civil and Administrative Tribunal Act 2013 the name of the applicant and any other person from which the name of the applicant could be identified is not to be published broadcast or otherwise disclosed.