CFC V Children's Guardian [2016] NSWCATAD 127

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CFC V Children's Guardian [2016] NSWCATAD 127 Hearing dates: 31 March 2016 Date of orders: 31 March 2016 Decision date: 31 March 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Mullane ADCJ, Principal Member R Royer, General Member Decision: 1: The Tribunal declares that the applicant is not to be treated as a "disqualified person" for purposes of the Child Protection (Working with Children) Act 2012 in respect to the offence under Section 43 of the Crimes Act 1900 of "Exposed Child Under 2 years" of which she was found proved without proceeding to a conviction by the Armidale Court of Petty Sessions on 10 June 1983. 2. The Children's Guardian must grant the applicant a Working with Children check clearance. 3. Publication or broadcast of the name or other identifying information of the applicant or any person who has provided a statement in the proceedings is prohibited Catchwords: Working with Children – disqualifying offence – enabling application. Legislation Cited: Child Protection (Working with Children) Act 2012; Adoption Act 2000; Child Protection Legislation Amendment Act 2015; Adoption Act 2000; Child Protection (Prohibited Employment) Act, 1998. Cases Cited: Commission For Children and Young People –v- V [2002] NSWSC 949. Category: Principal judgment Parties: CFC (Applicant) The Children's Guardian (Respondent) Representation: Counsel: A Douglas-Baker (Respondent)

Solicitors: Crown Solicitors Office (Respondent) File Number(s): 1510646 Publication restriction: Per order 3