CBK v Children’s Guardian [2016] NSWCATAD 123

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CBK v Children's Guardian [2016] NSWCATAD 123 Hearing dates: 18 January 2016 Date of orders: 20 June 2016 Decision date: 20 June 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member M Bolt, General Member Decision: (1) The applicant's application for an enabling order is refused. Catchwords: CHILD Protection – Working with children – Real and appreciable risk – Addressing conduct since offence – Minimising conduct of offence – Duty to disclose – Quality of evidence in support – Incomplete disclosure in support Legislation Cited: 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 Fox v Percy [2003] HCA 22 BFX v Children's Guardian [2014] NSWCATAD 115 Category: Principal judgment Parties: CBK (Applicant) Children's Guardian (Respondent) Representation: Counsel: P Lowson (Respondent)