BWE v Children’s Guardian [2016] NSWCATAD 186

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BWE v Children's Guardian [2016] NSWCATAD 186 Hearing dates: 25 September 2015 and 19 January 2016 Date of orders: 19 August 2016 Decision date: 19 August 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: R Booby, Senior Member M Bolt, General Member Decision: (1) The applicant is not be treated as a disqualified person for the purposes of the Child Protection (Working With Children) Act 2012 in respect of the offence of committing an act of indecency with a person over the age of 16 years contrary to s. 61N of the Crimes Act 1900 of which he was convicted on 6 April 2011.

(2) Pursuant to subs 28(6) of the Child Protection (Working with Children) Act 2012, the respondent is to grant the applicant a working with children clearance Catchwords: ADMINISTRATIVE LAW - child protection - working with children clearance check - disqualified person - whether applicant has discharged his onus to establish the contrary – meaning of risk Legislation Cited: Crimes Act 1900 NSW Family Law Act 1975 (Cth) Evidence Act 1995 NSW Commission for Children and Young People Act 1998 NSW Child Protection (Working with Children) Act 2012 NSW Civil and Administrative Tribunal Act 2013 NSW Cases Cited: Commissioner for Children and Young People v FZ [2011] NSWCA 111 Neat Holdings Pty Ltd v Karjan Holdings Pty Ltd (1992) 110 ALR 449 Commission for Children and Young People v V[2002] NSWSC 949 ADV v Commission for Children and Young People [2012] NSWADT 8, RD v Commissioner NSW Commission for Children and Young People [2011] NSWADT 140 RV v Commission for Children and Young People [2007] NSWADT 299 BHA v Children's Guardian [2014] NSWCATAD 161 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69, BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BCS v NSW Civil and Administrative Tribunal [2015] NSWSC 126. Category: Principal judgment Parties: BWE (Applicant) Children's Guardian (Respondent) Representation: Counsel: 25 September 2016 J Harris (Solicitor Advocate) (Respondent)