BRG v Children’s Guardian [2015] NSWCATAD 260

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BRG v Children's Guardian [2015] NSWCATAD 260 Hearing dates: 24 August 2015 Date of orders: 09 December 2015 Decision date: 09 December 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: Time within which the applicant is to bring his application for an enabling order is extended to 10 February 2015.

Declare that the applicant not be treated as a disqualified person for the purposes of the Child Protection (Working With Children) Act 2012 in respect of the Crimes Act 1900, s 66C(3) offence, of which he was convicted on 28 July 2008.

Pursuant to subs 28(6) of the Child Protection (Working with Children) Act 2012, the respondent is to grant the applicant with a working with children clearance. Catchwords: ADMINISTRATIVE LAW – child protection – enabling order - working with children check clearance – disqualified person – disqualifying offence was a finding of guilt, in 2008, of an offence under s 66C(3) of the Crimes Act 1900 – applicant aged 18 at the time – victim 14½ hears of age - no prior or subsequent offences – whether applicant discharged his onus to rebut the statutory presumption that he poses a risk to the safety of children – onus discharged Legislation Cited: Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v 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: BRG (Applicant) Children's Guardian (Respondent) Representation: Counsel: E Carney (Applicant) P Ginters (Respondent)