DEO v Children’s Guardian [2018] NSWCATAD 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DEO v Children's Guardian [2018] NSWCATAD 54 Hearing dates: 4 December 2017 Date of orders: 09 March 2018 Decision date: 09 March 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant, Senior Member S Davison, General Member Decision: The applicant's application for an enabling order is dismissed. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – applicant a disqualified person by reason of a conviction for an indecent assault – whether applicant has discharged the onus of proof – onus of proof not discharged Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibitive Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Cases Cited: BHA v Children's Guardian [2014] NWCATAD 161 BHA v Children's Guardian [2014] NWCATAD 161 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 CHB v Children's Guardian (2016) NSWCATAD 214 CMA v Children's Guardian (2016) NSWCATAD 264 Commission for Children and Young People v FZ (2011) NSWCA 111 Commission for Children and Young People v Y [2002] NSWCA 949 Director of Public Prosecution v Smith (1991) VR 6 Smith v Commissioner Police 2014 NSWCATAD 184. Category: Principal judgment Parties: DEO (Applicant) Children's Guardian (Respondent) Representation: Counsel: Applicant (self-represented) Ms McDonald (Respondent)