BMG v Children’s Guardian [2015] NSWCATAD 233

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BMG v Children's Guardian [2015] NSWCATAD 233 Hearing dates: 10 December 2014 and 22 January 2015 Decision date: 13 November 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: M Andrews, Senior Member on 10 December 2014 and 22 January 2015 S Higgins, Principal Member (replacement pursuant to section 52 of the Civil and Administrative Tribunal Act 2013). Decision: The applicant's application for an enabling order is refused. Catchwords: Child Protection – application for an enabling order to be granted a working with children check clearance – applicant a disqualified person – conviction of a disqualifying offence 17 years ago – onus on applicant to rebut the statutory presumption that he poses a risk to the safety of children. Legislation Cited: Child Protection (Working with Children) Act 2012 Child Protection (Prohibited Employment) Act 1998 (repealed) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Office of the NSW Children's Guardian [2015] NSWSC 523 Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 Category: Principal judgment Parties: BMG (applicant) Children's Guardian (respondent) Representation: Counsel: M G Higgins (Respondent)

Solicitors: In Person (Applicant) Crown Solicitors Office (Respondent) File Number(s): 1410519 Publication restriction: Pursuant to subs 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the name of the applicant, the name of any victim or child referred to in the material before the Tribunal and the name of any other person that might identify the name of the applicant, the name of a victim or child is not to be published or broadcasted without the leave of the Tribunal.