CHI v Children’s Guardian [2017] NSWCATAD 237

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CHI v Children's Guardian [2017] NSWCATAD 237 Hearing dates: 22 March 2017 Date of orders: 01 August 2017 Decision date: 01 August 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: L Organ, Senior Member Dr B Field, General Member Decision: The applicant's application for an enabling order is dismissed. 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 E and 61 N of the Crimes Act 1900 (NSW) - 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 (Working with Children) Act 2012(NSW) Child Protection Amendment Act 2015 Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Child Protection (Prohibited Employment) Act 1998 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 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 Commission for Children and Young People v FZ [2011] NSWCATAD 69 Commission for Children and Young People v V [2002] NSWSC 949 Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) (1981) 3 ALD 88 Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139; BJB No. 2 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] YG and GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: CHI (applicant) Children's Guardian (respondent) Representation: Counsel: M Neville (respondent)