CBO v Children’s Guardian [2016] NSWCATAD 53

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CBO v Children's Guardian [2016] NSWCATAD 53 Hearing dates: 18 December 2015, 12 February 2016 Date of orders: 23 March 2016 Decision date: 23 March 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member R Royer, General Member Decision: The application for an enabling order is granted. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – disqualified person – 2006 act of indecency without consent - by reason of offence presumed to be a risk to children – whether applicant has discharged his onus to establish the contrary. Legislation Cited: Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Crimes Act 1900 (ACT) Crimes Act 1900 (NSW) Cases Cited: Commission for Children and Young People v V [2002] NSW SC 949 BKE v Office of Children's Guardian [2015] NSWSC 523 Category: Principal judgment Parties: CBO (Applicant) Office of the Children's Guardian (Respondent) Representation: Counsel: I Fraser (Respondent)

Solicitors: CBO (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1510363 Publication restriction: Section 64(1), Civil and Administrative Tribunal Act 2013 - Restriction against publication of information that will identify the applicant, any victims, witnesses, or evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons.