CRM v Children’s Guardian [2017] NSWCATAD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CRM v Children's Guardian [2017] NSWCATAD 85 Hearing dates: 27 October 2016 Date of orders: 24 March 2017 Decision date: 24 March 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member F Given, General Member Decision: The applicant's application for an enabling order is dismissed. Catchwords: ADMINISTRATIVE LAW – Child Protection – working with children check clearance – enabling order – applicant is a "disqualified person" by reason of a 1953 conviction for the offence of carnal knowledge – as a "disqualified person" the applicant is presumed to pose a risk to the safety of children unless he proves the contrary – whether the applicant discharged his onus - onus not discharged Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Child Protection Legislation Amendment Act 2015 (NSW) Crimes Act 1900 (NSW) Cases Cited: BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 CHB v Children's Guardian [2016] NSWCATAD 214 Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: CRM (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Douglas-Baker (Respondent)

Solicitors: CRM (Applicant in person) Office of the NSW Crown Solicitor (Respondent) File Number(s): 1610516 Publication restriction: Pursuant to subsection 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the name of the applicant, the name of any victim or child referred to in the material before the Tribunal and the name of any other person that might identify the name of the applicant or the name of a victim or child is not to be published or broadcasted without the leave of the Tribunal. Note: A reference to 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