CYI v Children’s Guardian [2017] NSWCATAD 357

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CYI v Children's Guardian [2017] NSWCATAD 357 Hearing dates: 16 June, 29 August 2017 Date of orders: 01 December 2017 Decision date: 01 December 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member M Bolt, General Member Decision: 1) The application for an enabling order under section 28 of the Child Protection (Working with Children) Act 2012 (NSW) which was filed on 10 February 2017 is refused and dismissed.

2) With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013. Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person. Catchwords: Administrative law – working with children – disqualified person – Working With Children Check clearance - application for enabling order – presumption of risk to children unless applicant proves to the contrary - no risk assessment report – whether applicant engaged in child-related work - order not granted. Legislation Cited: Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014. Crimes Act 1900 (NSW) 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 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 Category: Principal judgment Parties: CYI (applicant) Children's Guardian (respondent) Representation: Counsel: M Giacomo (respondent)