DCD v Children’s Guardian [2017] NSWCATAD 234

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DCD v Children's Guardian [2017] NSWCATAD 234 Hearing dates: 17 July 2017 Date of orders: 27 July 2017 Decision date: 27 July 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: M Hitter, Senior Member E Hayes, General Member Decision: 1. The Applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 (NSW) in respect of the offence Carnal Knowledge (3 counts), Crimes Act 1900, s71.

2. The Children's Guardian is to grant the applicant a Working with Children Check clearance. Catchwords: ADMINISTRATIVE LAW – child protection – Working with Children Check clearance - whether the Applicant poses a risk to the safety of children. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: BKE v Office of Children's Guardian & Anor [2015] ZZ v Secretary, Department of Justice and Another [2013] Category: Principal judgment Parties: DCD (Applicant) Children's Guardian (Respondent) Representation: Counsel: Mr Karp (Respondent)

Solicitors: Crown Solicitor's Office (Respondent) File Number(s): 2017/00153461 Publication restriction: Disclosure of the name of the applicant and the name of any alleged victim or child referred to in the material before the Tribunal is prohibited.Note: the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.