CRY v NSW Office of Children’s Guardian [2017] NSWCATAD 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CRY v NSW Office of Children's Guardian [2017] NSWCATAD 77 Hearing dates: 22 December 2016 Date of orders: 13 March 2017 Decision date: 13 March 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant, Senior Member Professor P Foreman, General Member Decision: (i) Declare that the Applicant not be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of the offence of Assault with act of indecency for which he received a s.10 Bond for 18 months on 17 September 2014. (ii) Pursuant to s.28(6) of the Child Protection (Working with Children) Act 2012 the Children's Guardian is to grant the Applicant a Working with Children clearance. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – disqualified person – by reason of offence presumed to be a risk to children – whether applicant has discharged his onus to establish the contrary – assessment of risk. Legislation Cited: 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 Cases Cited: BHA v Children's Guardian [2014] NWCATAD 161 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 Commission for Children and Young People v FZ NSWCA 111 BHA v Children's Guardian [2014] NWCATAD 161 Commission for Children and Young People v FZ [2011] NSWCA 111 CHB v Children's Guardian (2016) NSWCATAD 214 CMA v Children's Guardian (2016) NSWCATAD 264 Smith v Commissioner Police 2014 NSWCATAD 184. Director of Public Prosecution v Smith (1991) VR 6 Category: Principal judgment Parties: CRY (Applicant) Children's Guardian (Respondent) Representation: Counsel: Self-represented (Applicant) M Giacomo (Respondent) File Number(s): 1610551 Publication restriction: Section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 that the name of the applicant and the name of any other person that would identify the name of the applicant is not to be published or broadcasted without the leave of the tribunal.