CJK v Children’s Guardian [2017] NSWCATAD 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CJK v Children's Guardian [2017] NSWCATAD 126 Hearing dates: 29 September 2016 Date of orders: 26 April 2017 Decision date: 26 April 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: L Organ, Senior Member Dr B Field, General Member Decision: (1) Declare that the applicant is 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 sexual intercourse without consent, contrary to s 61I of the Crimes Act 1900 (NSW), of which he was convicted on 30 June 2011. (2) Pursuant to s 28 (6) of the Child Protection (Working With Children) Act 2012, the respondent is to grant the applicant a Working With Children Check clearance. Catchwords: ADMINISTRATIVE REVIEW – 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 61 I of the Crimes Act 1900 (NSW) of sexual intercourse without consent- whether the applicant has proven he is not a risk to the safety of children. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection Legislation Amendment Act 2015 (NSW) Child Protection (Prohibited Employment) Act 1998 (repealed) Child Protection (Working with Children) Act 2012(NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Commission for Children and Young People v FZ [2011] NSWCATAD 69 Commission for Children and Young People v V [2002] NSWSC 949 Holbrook and Australian Postal Commission (1983) 5 ALN N46 M v M [1988] HCA 68 Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139; Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] Re Eckersley and Minister for Capital Territory (1979) 2 ALD 303 Roberts v Balencio (1987) 8 NSWLR 436 YG and GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: CJK (applicant) Children's Guardian (respondent) Representation: Counsel: A Douglas-Baker (respondent)