BNM v The Children’s Guardian [2015] NSWCATAD 179

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BNM v The Children's Guardian [2015] NSWCATAD 179 Hearing dates: 23 April 2015 Decision date: 25 August 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: G Mullane, ADCJ (Principal Member) Decision: 1. The decision of the Children's Guardian refusing to grant the applicant a Working with Children Check Clearance is affirmed.

2. The application by the applicant filed 22 October 2014 is otherwise refused and dismissed.

3. Broadcast or publication of the name or other identifying information of the applicant, or his former wife who is the complainant in respect of alleged offences of the Applicant on 22 August 2008, is prohibited. Catchwords: Review of decision of Children's Guardian refusing to issue the applicant Working with Children Check Clearance – conviction of Common Assault in November 2008 – charges of Sexual Intercourse Without Consent November 2008 withdrawn – held to be risk to the safety of children. Legislation Cited: Child Protection (Working With Children) Act 2012 Crimes Act 1900 Administrative Decisions Review Act 1997 Cases Cited: Commission For Children and Young People - v- V [2002] NSWSC 949; M v M (1988) 166 CLR 69; Category: Principal judgment Parties: BNM (Applicant) Children's Guardian (Respondent) Representation: Counsel: P Lowson (Respondent)

Solicitors: BNM (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1410594 Publication restriction: Per order 3