BRY v Children’s Guardian [2015] NSWCATAD 220

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BRY v Children's Guardian [2015] NSWCATAD 220 Hearing dates: 15 September 2015 Decision date: 22 October 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Anderson Senior Member P Foreman General 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 Catchwords: ADMINISTRATIVE LAW – child protection – enabling order - working with children check clearance – disqualified person – disqualifying offence is conviction in 2003 of indecent assault – no further disqualifying offences – whether Applicant has discharged onus to rebut statutory presumption that he poses a risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2014 Commissioner for Children and Young People Act 1998 Civil and Administrative Tribunal Act 2013 Criminal (Sentencing Procedure) Act 1999 Cases Cited: Commission for Children and Young People v V [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 11 YG and GG v Minister for Community Services [2002] NSWCA 247 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Office of the NSW Children's Guardian [2015] NSWSC 523 Category: Principal judgment Parties: BRY (Applicant) Children's Guardian (Respondent) Representation: BRY in person (Applicant) Ms Hartstein (Respondent) File Number(s): 1510126 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the name of the Applicant and the name of any other person from which the name of the Applicant could be identified is not to be published or broadcast without the leave of the Tribunal.