BXL v Children’s Guardian [2016] NSWCATAD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BXL v Children's Guardian [2016] NSWCATAD 36 Hearing dates: 11 November 2015 Date of orders: 23 February 2016 Decision date: 23 February 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: R Booby, Senior Member R Royer, General Member N Heffernan, General Member Decision: The application is refused Catchwords: ADMINISTRATIVE LAW - child protection - working with children clearance check - disqualified person - whether applicant has discharged his onus to establish the contrary – meaning of risk Legislation Cited: Crimes Act 1900 NSW Family Law Act 1975 (Cth) Evidence Act 1995 NSW Commission for Children and Young People Act 1998 NSW Child Protection (Working with Children) Act 2012 NSW Civil and Administrative Tribunal Act 2013 NSW Cases Cited: Commissioner for Children and Young People v FZ [2011] NSWCA 111 Neat Holdings Pty Ltd v Karjan Holdings Pty Ltd (1992) 110 ALR 449 Commission for Children and Young People v V[2002] NSWSC 949 ADV v Commission for Children and Young People [2012] NSWADT 8, RD v Commissioner NSW Commission for Children and Young People [2011] NSWADT 140 RV v Commission for Children and Young People [2007] NSWADT 299 BHA v Children's Guardian [2014] NSWCATAD 161 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69, BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 Civil and Administrative Tribunal Act 2013 NSW Category: Principal judgment Parties: BXL (Applicant) Children's Guardian (Respondent) Representation: Counsel: P Lowson (Respondent)