CZI v Children’s Guardian [2017] NSWCATAD 250

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CZI v Children's Guardian [2017] NSWCATAD 250 Hearing dates: 7 August 2017 Date of orders: 07 August 2017 Decision date: 07 August 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: J Anderson, Senior Member S Davison, General Member Decision: (1) The Tribunal declares that the applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012. (2) The respondent must grant the applicant a Working With Children Check clearance. (3) The publication or broadcast of the name of the applicant is prohibited. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – applicant a disqualified person by reason of a 1975 offence of carnal knowledge – no conviction recorded – no other criminal offences – whether applicant has discharged onus to prove he does not pose a risk to the safety of children Legislation Cited: Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Category: Principal judgment Parties: CZI (Applicant) NSW Office of the Children's Guardian (Respondent) Representation: Counsel: Ms J McDonald (Respondent)

Solicitors: NEW Law Pty Ltd (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2017/00082892 Publication restriction: The publication or broadcast of the name of the applicant is prohibited