BKF v Children’s Guardian [2016] NSWCATAD 283

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BKF v Children's Guardian [2016] NSWCATAD 283 Hearing dates: 28 January 2015 & 25 January 2016 Date of orders: 25 January 2016 Decision date: 25 January 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Mullane ADCJ, Principal Member Decision: (1)The applicant is not to be treated as a disqualified person for purposes of the Child Protection (Working With Children) Act 2012 in respect of the offences of "Assault With act of Indecency" of which he was convicted by the Local Court Downing Centre in August 2011. (2) The Children's Guardian must grant the applicant a Working With Children Check Clearance; and (3)The publication or broadcast of the name or other identifying information of the applicant or any victim of the offences of which he was convicted (or of any offences taken into account) by the Local Court when the conviction occurred, is prohibited. Catchwords: Working with children, disqualifying convictions for sexual assaults, enabling application, therapy, low risk, application granted. Legislation Cited: Child Protection (Working with Children) Act 2012; Child Protection Legislation Amendment Act 2015; Adoption Act, 2000; Child Protection (Prohibited Employment) Act, 1998 Cases Cited: Commission For Children and Young People –v- V [2002] NSWSC 949. Category: Principal judgment Parties: BFK (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Miller (Applicant) M Neville (Respondent)