DAS v Children’s Guardian [2017] NSWCATAD 289

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DAS v Children's Guardian [2017] NSWCATAD 289 Hearing dates: 14 September 2017 Date of orders: 27 September 2017 Decision date: 27 September 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Dr M Murray, 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 offence of attempted carnal knowledge of which he was convicted on 16 January 1978.

(2) Pursuant to subsection 28(6) of the Child Protection (Working with Children) Act 2012, the Children's Guardian is to grant the applicant with a working with children clearance. Catchwords: ADMINISTRATIVE LAW – Child Protection – working with children check clearance – enabling order – applicant is a "disqualified person" by reason of a 1978 conviction of attempt carnal knowledge – whether the applicant has discharged his onus that he does not pose a risk to the safety of children today and if so whether a reasonable person would allow his or her children to have direct contact with the applicant and it is in the public interest to make the order – order made. Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Child Protection Legislation Amendment Act 2015 (NSW) Crimes Act 1900 (NSW) Cases Cited: BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 BFX v Children's Guardian [2014] NSWCATAD 115 BVM v Children's Guardian [2016] NSWCATAD 65 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 Secretary, Department of Justice v L M B; Secretary, Department of Justice v P M Y [2012] VSCA 143 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: DAS (Applicant) NSW Children's Guardian (Respondent) Representation: Counsel: M Neville (Applicant) J Harris (Respondent)