CZA v Children’s Guardian [2017] NSWCATAD 248

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CZA v Children's Guardian [2017] NSWCATAD 248 Hearing dates: 31 July 2017 Date of orders: 14 August 2017 Decision date: 14 August 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant, Senior Member Dr B Field, General Member Decision: (1) Declare that the Applicant not be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of the two offences of Indecent Assault for which he received a two year recognisance or bond.

(2) Pursuant to s.28(6) of the Child Protection (Working with Children) Act 2012 the Children's Guardian is to grant the Applicant a Working with Children clearance. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – disqualified person – onus of proof - whether applicant is a risk to the safety of children Legislation Cited: Child Protection (Prohibited Employment) Act 1998 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Commission for Children and Young People Act 1998 Cases Cited: BHA v Children's Guardian [2014] NWCATAD 161 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 Commission for Children and Young People v V (2002) NSWSC 949 BHA v Children's Guardian [2014] NWCATAD 161 Commission for Children and Young People v FZ [2011] NSWCA 111 CHB v Children's Guardian (2016) NSWCATAD 214 CMA v Children's Guardian (2016) NSWCATAD 264 Smith v Commissioner Police 2014 NSWCATAD 184. Director of Public Prosecution v Smith (1991) VR 6 Category: Principal judgment Parties: CZA (Applicant) Children's Guardian (Respondent) Representation: Counsel: N Dawson (Applicant) J McDonald (Respondent)