CGS v Children’s Guardian [2016] NSWCATAD 228

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CGS v Children's Guardian [2016] NSWCATAD 228 Hearing dates: 11 May 2016 Date of orders: 12 October 2016 Decision date: 12 October 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member R Royer, General Member Decision: The applicant's application for an enabling order is dismissed. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – applicant a disqualified person by reason of three counts of indecent assault – whether applicant has discharged onus to prove he does not pose a risk to the safety of children – onus not discharged – definition of child-related work. Legislation Cited: Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 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: CGS (Applicant) Office of the Children's Guardian (Respondent) Representation: Counsel: H Jewell (Applicant) I Fraser (Respondent)