CFE v Children’s Guardian [2016] NSWCATAD 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CFE v Children's Guardian [2016] NSWCATAD 135 Hearing dates: 4 March 2016 Date of orders: 05 July 2016 Decision date: 05 July 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member P Foreman, General Member Decision: (1) The Tribunal declares that the applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of his conviction in 2013 of the offence of filming person's private parts without consent contrary to s91L of the Crimes Act 1900.

(2) Pursuant to subsection 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. Catchwords: ADMINISTRATIVE LAW – child protection – enabling order – working with children check clearance – disqualified person – disqualifying offence was a conviction in 2013 for filming person's private parts without consent – s91L of the Crimes Act 1900 –whether applicant discharged his onus to rebut the statutory presumption that he poses a risk to the safety of children – onus discharged. Legislation Cited: Child Protection (Prohibited Employment) Act 1998 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Commission for Children and Young People Act 1998 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995 Cases Cited: BGX v Children's Guardian [2014] NSWCATAD 173 BYR v Children's Guardian [2013] NSWADT 310 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Category: Principal judgment Parties: CFE (Applicant) Children's Guardian (Respondent) Representation: Counsel: I Fraser (Respondent)