CQU v Children’s Guardian [2017] NSWCATAD 171

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CQU v Children's Guardian [2017] NSWCATAD 171 Hearing dates: 2 December 2016 Date of orders: 31 May 2017 Decision date: 31 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Dr B Field, 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 2014 finding of guilt on seven counts of filming a person's private parts without consent, contrary to section 91L of the Crimes Act 1900 – 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 has 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) Crimes (Sentencing Procedure) Act 1986 (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: CQU (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Douglas-Baker (Respondent)