CZZ v Children’s Guardian [2018] NSWCATAD 56

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CZZ v Children's Guardian [2018] NSWCATAD 56 Hearing dates: 28 September 2017 Date of orders: 13 March 2018 Decision date: 13 March 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Prof E Foreman, General Member Decision: (1) The applicant is not to be treated as a disqualified person for two offences of indecent assault under the Crimes Act 1958 (Vic). (2) The application for an enabling order is granted. (3) Pursuant to s28(6) of the Child Protection (Working With Children) Act 2012, the Children's Guardian is to grant a working with children check clearance to the applicant. Catchwords: ADMINISTRATIVE LAW – child protection – working with children – disqualifying offences – enabling order – circumstances of offence –weight of evidence – discharge of onus Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Civil and Administrative Tribunal Act 2013 Evidence Act 1995 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v The Children's Guardian [2014] NSWCATAD 90 BFX v Children's Guardian [2014] NSWCATAD 115 BGW v NSW Office of the Children's Guardian [2014] NSWCATAD 179 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164 BKE v Children's Guardian [2015] NSWSC 523 CGP v Children's Guardian [2017] NSWCATAD 12 CHB v Children's Guardian [2016] NSWCATAD 214 Children's Guardian v CKF [2017] NSWSC 893 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 CYY v Children's Guardian (No 2) NSWCATAD 262 Jones v Dunkel (1959) 101 CLR 298 M v M (1988) 166 CLR (HCA) Office of the Children's Guardian v CFW [2016] NSWSC 1406 R v Commission for Children and Young People [2002] NSWIRComm 101 Re: Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88. Smith v Commissioner of Police [2014] NSWCATAD 184 ZZ v Secretary of the Department of Justice [2013] VSC 267 Category: Principal judgment Parties: CZZ (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Giacomo (Respondent)