CFS v Children’s Guardian [2016] NSWCATAD 224

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CFS v Children's Guardian [2016] NSWCATAD 224 Hearing dates: 5 May 2016 Date of orders: 10 October 2016 Decision date: 10 October 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member B Field, General Member D Kelleghan, General Member Decision: (1) The applicant's application for an enabling order is refused. Catchwords: CHILD Protection – Working with Children – Risk – Whether risk real and appreciable – Serious offence – Factors subsequent to offence – Mitigating factors arising – Enabling order – Discharge of onus – Whether evidence establishes risk – Expert evidence – Limitation on evidence – Limitations of evidence of applicant. Legislation Cited: Administrative Decisions Review Act 1997 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 (Domestic and Personal Violence) Act 2007 Crimes Act 1900 Evidence Act 1995 (NSW) Cases Cited: Commission for Children and Young People v FZ [2011] NSWCA 111 CCC v Office of the Children's Guardian (No 2) [2015] NSWSC 905 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 R v Commission for Children and Young People [2002] NSWIR Comm 101 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 ADV v Commission for Children and Young People [2012] NSWADT 8 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 M v M [1988] HCA 68; 166 CLR 59 BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 BLD v NSW Office of the Children's Guardian [2015] NSWCATAD2 Category: Principal judgment Parties: CFS (Applicant) Children's Guardian (Respondent) Representation: Counsel: C McGorey (Applicant) I Fraser (Respondent)