BKE v Children’s Guardian (No. 2) [2016] NSWCATAD 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BKE v Children's Guardian (No. 2) [2016] NSWCATAD 22 Hearing dates: 26 August 2014 and 18 August 2015 Date of orders: 09 February 2016 Decision date: 09 February 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins - Principal Member Decision: The applicant's application for an enabling order is refused. Catchwords: ADMINISTRATIVE LAW – child protection – enabling order - working with children check clearance – disqualified person – disqualifying offence of buggery (1968) and carnal knowledge (1970) – subsequent offences including offences of violence – no offending for 20 years – applicant charged with offence of indecent assault of grandson – charge dismissed – whether the applicant discharged his onus to rebut the statutory presumption that he poses a risk to the safety of children – onus not discharged Legislation Cited: Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Children and Young Persons (Care and Protection) Act 1998 Commission for Children and Young People Act 1998 Crimes Act 1900 Cases Cited: BKE v Children's Guardian [2015] NSWSC 523 BKE v Children's Guardian [2015] NSWCATAD 185 Commission for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 M v M [1988] HCA 68, 166 CLR 69 Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139 Category: Principal judgment Parties: BKE (Applicant) Children's Guardian (Respondent) Representation: Counsel: L Andleman (Applicant) P Lowson (Respondent)