CEX v Children’s Guardian [2016] NSWCATAD 192

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CEX v Children's Guardian [2016] NSWCATAD 192 Hearing dates: 26 April 2016 Date of orders: 26 August 2016 Decision date: 26 August 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 1971 of the offence of indecently assaulting a male person contrary to s81 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 – working with children check clearance – disqualified person – disqualifying offence was a 1971 conviction for indecently assaulting a male person – s81 of the Crimes Act 1900 - by reason of offence presumed to be a risk to children – 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 (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Crimes Act 1900 (NSW) Cases Cited: BGX v Children's Guardian [2014] NSWCATAD 173 BKE v Office of Children's Guardian [2015] NSWSC 523 BYR v Children's Guardian [2013] NSWADT 310 Commission for Children and Young People v FZ [2011] NSW 111 Commission for Children and Young People v V [2002] NSW SC 949 R v Commission for Children and Young People [2002] NSWIRComm 101 Category: Principal judgment Parties: CEX (Applicant) Office of the Children's Guardian (Respondent) Representation: Counsel: K Dailly (Applicant) I Fraser (Respondent)