BVK v Children’s Guardian [2016] NSWCATAD 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BVK v Children's Guardian [2016] NSWCATAD 94 Hearing dates: 18 December 2015 Date of orders: 16 May 2016 Decision date: 16 May 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member M Bolt, General Member Decision: (1) Pursuant to section 28 (1) of the Child Protection (Working with Children) Act 2012 declare that the applicant not be treated as a disqualified person for the purposes of that Act in respect of his conviction in 1981 of the offence of Indecent Assault - female contrary to section 76 of the Crimes Act 1900 (NSW). (2) Pursuant to subs 28(6) of the Child Protection (Working with Children) Act 2012, the Children's Guardian is to grant the applicant a Working with Children Check Clearance. (3) The application for an enabling order is granted. Catchwords: CHILD protection - Administrative law - Working with children - Risk - Whether risk real and appreciable - Risk of harm - Period of time since offences - Evidence of risk to children - Absent evidence. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children ) Act 2012 Child Protection (Prohibited Employment) Act 1998 Civil and Administrative Tribunal Act 2013 Commissioner for Children and Young People Act 1998 Crimes Act 1900 Cases Cited: BJB v Office of the Children's Guardian [2014] NSWCATAD 111 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 Commission for Children and Young People v FZ [2011] NSWCA 111 R v Commission for Children and Young People [2002] NSWIR Comm 101 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 ADV v Commission for Children and Young People [2012] NSWADT 8 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 Category: Principal judgment Parties: BVK (Applicant) Children's Guardian (Respondent) Representation: Counsel: P Lange (Applicant) D Ward (Respondent)