CVS v Children’s Guardian [2017] NSWCATAD 154

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CVS v Children's Guardian [2017] NSWCATAD 154 Hearing dates: 03 April 2017 Date of orders: 03 April 2017 Decision date: 03 April 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Hon G Mullane ADCJ, Principal Member Dr B Field, General Member Decision: 1. The applicant is not to be treated as a disqualified person for purposes of the Child Protection (Working With Children) Act 2012 in respect of the offence of assault with act of indecency under Section 61L of the Crimes Act 1900 of which he was dealt with by the District court of NSW at Newcastle on 12 September 2012.

2. The Children's Guardian must issue the applicant with a Working With Children Check Clearance; and

3. Publication or Broadcast of the name or other identifying information of the applicant or the victim of the offence without the leave of the Tribunal is prohibited. Catchwords: Working with Children- disqualifying offence - French kiss. Enabling application. Legislation Cited: Crimes Act 1900; Child Protection (Working With Children) Act 2012; Administrative Decisions Tribunal Act 1997; Administrative Decisions Review Act 1997; Cases Cited: Commissioner for Children and Young People -v- V [2002] NSWSC 949; Office of the Children's Guardian v CFW [2016] NSWSC 1406; BSR v Office of the Children's Guardian [2015] NSWCATAD 264 at [41]; Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CSR 1 BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164; Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CSR 1; Commission for Children and Young People v FZ [2011] NSWCA 111; Category: Principal judgment Parties: CVS (Applicant) Children's Guardian (Respondent) Representation: Counsel: V A Hartstein (Respondent)