CSZ v Children’s Guardian [2017] NSWCATAD 57

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CSZ v Children's Guardian [2017] NSWCATAD 57 Hearing dates: 19 January 2017 Date of orders: 19 January 2017 Decision date: 19 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member Emeritus Professor P Foreman, General Member Decision: 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 the offence of carnal knowledge of which he was convicted in 1976. Catchwords: ADMINISTRATIVE LAW- Working with Children check clearance sought by way of an enabling order under section 28 of the Child Protection (Working with Children) Act 2012 (NSW)- disqualifying offences under section 71 of the Crimes Act 1900 (NSW) of carnal knowledge in 1976 - assessment of risk posed by applicant- whether the applicant has proven he is not a risk to the safety of children -Tribunal not bound by the rules of evidence - onus of proof discharged by applicant- enabling order granted and the applicant is not to be treated as a disqualified person. Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: CHB v The Children's Guardian [2016] NSWCATAD 2014 CMA v The Children's Guardian [2016] NSWCATAD 264 CMT v The Children's Guardian [2016] NSWCATAD 280 ZZ v The Secretary Department of Justice [2013] VSC 267 Category: Principal judgment Parties: CSZ (Applicant) Children's Guardian (Respondent) Representation: Solicitors: Crown Solicitor's Office (Respondent) File Number(s): 2016/00378389 Publication restriction: Disclosure of the name of the applicant and the name of any alleged victim or child referred to in the material before the Tribunal is prohibited. Note: the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.