BVT v Office of the Children’s Guardian [2016] NSWSC 1169

Supreme Court New South Wales

Medium Neutral Citation: BVT v Office of the Children's Guardian [2016] NSWSC 1169 Hearing dates: 12 August 2016 Decision date: 23 August 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Allow the appeal.

(2) Set aside the decision of the New South Wales Civil and Administrative Tribunal in its Administrative and Equal Opportunity Division made with respect to the plaintiff on 13 January 2016.

(3) Remit the plaintiff's application for an enabling order to the New South Wales Civil and Administrative Tribunal for determination in accordance with law.

(4) Order the defendant to pay the plaintiff's costs. Catchwords: ADMINISTRATIVE LAW – appeal from decision of the New South Wales Civil and Administrative Tribunal refusing an enabling order under s 28 of the Child Protection (Working with Children) Act 2012 (NSW) – plaintiff convicted of a disqualifying offence in 1973 – whether the Tribunal erred in finding that a plea of guilty meant that the police facts are considered to be proven factual circumstances – whether the Tribunal gave adequate reasons – failure to address applicant's case sufficiently – grounds made out – decision set aside – application remitted to the Tribunal Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW), ss 3, 4, 5, 8, 13, 18, 28, 30, 31, Sch 2, cl 1 Children and Young Persons (Care and Protection) Act 1998 (NSW), s 178 Civil and Administrative Tribunal Act 2013 (NSW), ss 38, 62, Sch 3, Div 2, cl 17 Crimes Act 1900 (NSW), ss 61C, 61K, 65 Crimes (Amendment) Act 1989, Sch 1 cll 3, 14 Crimes (Sexual Assault) Amendment Act 1981, s 4, Sch 1, cll 4, 7 Evidence Act 1995 (NSW) Cases Cited: Attorney-General for the State of New South Wales v Quin [1990] HCA 21; 170 CLR 1 Beale v GIO of NSW (1997) 48 NSWLR 430 BHY v Children's Guardian [2015] NSWCATAD 91 BVT v Children's Guardian [2016] NSWCATAD 12 GAS v The Queen [2004] HCA 22; 217 CLR 198 Mifsud v Campbell (1990) 21 NSWLR 725 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 R v O'Neill [1979] 2 NSWLR 582 SS v Department of Human Services (NSW) [2010] NSWDC 279 T v H [1985] NSWSC, Unreported 19/12/1985 Category: Principal judgment Parties: BVT (Plaintiff) Office of the Children's Guardian (Defendant) Representation: Counsel: G Moore (Plaintiff) V Hartstein (Defendant)