CZF v Children’s Guardian [2017] NSWCATAD 347

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CZF v Children's Guardian [2017] NSWCATAD 347 Hearing dates: 20 October 2017 Date of orders: 20 October 2017 Decision date: 29 November 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant, Senior Member Professor P Foreman, 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 the offence of sexual intercourse with a child between the age of 14 and 16 years for which he received a 12-month good behaviour bond pursuant to Section 10 of the Crimes (Sentencing Procedure) Act 1999 on the 19 September 2007.

(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 – Working with Children Check Clearance – real and appreciable risk to children - disqualifying offence presumed Applicant to be a risk to children- whether Applicant has discharged his onus of proof to the contrary 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 FZ NSWCA 111 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: CZF (Applicant) Children's Guardian (Respondent) Representation: Counsel: Ms Drinkwater (Applicant) Ms Giacomo (Respondent)