CPU v Children’s Guardian [2017] NSWCATAD 131

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CPU v Children's Guardian [2017] NSWCATAD 131 Hearing dates: 6 October 2016 Date of orders: 27 April 2017 Decision date: 27 April 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member S Davison, Senior 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 2010 conviction for the offence of sexual intercourse without consent contrary to section 61I of the Crimes Act 1900 – the victim was not a child – the applicant was sentenced to four years imprisonment with a non-parole period of two years - 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: CPU (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Chhabra for the Applicant G Moore for the Respondent