DCN v Children’s Guardian [2017] NSWCATAD 373

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DCN v Children's Guardian [2017] NSWCATAD 373 Hearing dates: 16 October 2017 Date of orders: 20 December 2017 Decision date: 20 December 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: C. Grant Senior Member Professor P. Foreman General Member Decision: The application for an enabling order under section 28 of the Child Protection (Working with Children) Act 2012 is refused and dismissed. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – disqualified person – whether applicant has discharged the onus of proof - whether applicant is a risk to the safety of children 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] NSWCATAD 161 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 BJB v Children's Guardian (No.2) [2014] NSWCATAD 164 Commission for Children and Young People v V (2002) NSWSC 949 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 Category: Principal judgment Parties: DCN (Applicant) Children's Guardian (Respondent) Representation: Counsel: V. Hartstein (Respondent) DCN (Applicant) In Person Solicitors: Crown Solicitor's Office (Respondent) File Number(s): 2017/ 164688 Publication restriction: Section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 that the name of the applicant and the name of any other person that would identify the name of the applicant or any other witnesses are not to be published or broadcasted without the leave of the tribunal.