CRG v Children’s Guardian [2017] NSWCATAD 295

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CRG v Children's Guardian [2017] NSWCATAD 295 Hearing dates: 13 February and 18 August 2017 Date of orders: 05 October 2017 Decision date: 05 October 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Ms S Leal, Senior Member Dr B Field, 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 in respect of his conviction in 2016 for the offence of assault with an act of indecency contrary to s61L of the Crimes Act 1900.

(2) Pursuant to subsection 28(6) of the Child Protection (Working with Children) Act 2012, the Children's Guardian is to grant the applicant a working with children check clearance. Catchwords: ADMINISTRATIVE LAW – child protection – enabling order – working with children check clearance – disqualified person – disqualifying offence was a conviction in 2016 for an assault with an act of indecency – s61L of the Crimes Act 1900 – whether applicant discharged onus to rebut the statutory presumption that he poses a risk to the safety of children – whether a reasonable person would allow his or her children to have direct contact with the applicant - whether it is in the public interest to make the order – order made. Legislation Cited: Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 Cases Cited: BGX v Children's Guardian [2014] NSWCATAD 173 BKE v Office of Children's Guardian [2015] NSWSC 523 BYR v Children's Guardian [2013] NSWADT 310, at [38]. Commission for Children and Young People v FZ [2011] NSW 111 Commission for Children and Young People v V [2002] NSW SC 949 R v Commission for Children and Young People [2002] NSWIRComm 101 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 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Category: Principal judgment Parties: CRG (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Giacomo (Respondent)