CLQ v Children’s Guardian [2016] NSWCATAD 213

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CLQ v Children's Guardian [2016] NSWCATAD 213 Hearing dates: 30 June 2016 Date of orders: 21 September 2016 Decision date: 21 September 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Roberts, Senior Member Dr B Field, General Member Decision: The applicant's application for an enabling order is refused Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – disqualified person – disqualifying offence of indecent assault on a male (1981), act of indecency on male under 18 years of age (1985) and incite an act of indecency with a person under 16 years of age (1986) - statutory presumption the applicant poses a risk to the safety of children – whether applicant discharged his onus to rebut the statutory presumption that he poses a risk to the safety of children – onus not discharged Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Crimes Act 1900 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 ADV v Commission for Children and Young People [2012] NSWADT 8 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v The Children's Guardian [2014] NSWCATAD 115 BJB v NSW Office of the Children's Guardian (No. 2) 2014 NSWCAT 164 Category: Principal judgment Parties: CLQ (Applicant) Children's Guardian (Respondent) Representation: Counsel: B Thomas (Applicant) T Stevens (Respondent)