BWM v Children’s Guardian [2016] NSWCATAD 134

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BWM v Children's Guardian [2016] NSWCATAD 134 Hearing dates: 18 December 2015 Date of orders: 05 July 2016 Decision date: 05 July 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Dr B Field, General Member M O'Halloran, General Member Decision: The applicant's application for an enabling order is dismissed. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – applicant a disqualified person – whether applicant has discharged his onus to rebut the statutory presumption that he poses a risk to the safety of children Legislation Cited: Child Protection (Working with Children) Act 2013 Child Protection (Prohibited Employment) Act 1998 (repealed) Children and Young Persons (Care and Protection) Act 1989 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Office of the NSW Children's Guardian [2015] NSWSC 523 Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 Category: Principal judgment Parties: BWM (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)

Solicitors: BWM (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1510258 Publication restriction: Disclosure of the name of the applicant and the name of any alleged victim or child referred to in the material before the Tribunal is prohibited. Note: the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.