CNZ v Children’s Guardian [2017] NSWCATAD 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CNZ v Children's Guardian [2017] NSWCATAD 124 Hearing dates: 13 October 2016, 27 October 2016, 25 November 2016 Date of orders: 24 April 2017 Decision date: 24 April 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member B Field, General Member Decision: (1) The applicant's application for an enabling order is refused. Catchwords: CHILD Protection – Working with Children – Risk – Presumption of risk in application - Whether risk real and appreciable – Serious offence – Pattern persisting over many decades – Insight of applicant – Boundary between applicant and clients - Enabling order – Whether discharge of onus – Whether evidence establishes risk – Expert evidence – Legislation Cited: Administrative Decisions Review Act 1997 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 Crimes Act 1900 Criminal Records Act 1991 Evidence Act 1995 (NSW) Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 Commission for Children and Young People v FZ [2011] NSWCA 111 R v Commission for Children and Young People [2002] NSWIR Comm 101 Commission for Children and Young People v V [2002] NSWSC 949 Category: Principal judgment Parties: CNZ (Applicant) Children's Guardian (Respondent) Representation: Counsel: I Fraser (Applicant) M Giacomo (Respondent)