DFL v Children’s Guardian [2018] NSWCATAD 121

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DFL v Children's Guardian [2018] NSWCATAD 121 Hearing dates: 28 February 2018 Date of orders: 08 June 2018 Decision date: 08 June 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member R Royer, General Member Decision: (1) The application for an enabling order is dismissed. Catchwords: ADMINISTRATIVE LAW - Working with Children Check Clearance sought by way of an enabling order under section 28 of the Child Protection (Working with Children) Act 2012 (NSW) - disqualifying offence under section 61L of the Crimes Act 1900 (NSW)– assessment of risk posed by applicant- whether the applicant has proven he is not a risk to the safety of children -whether a reasonable person would allow his or her child to have direct contact with the applicant that was not directly supervised by another person while the affected person is engaged in any child- related work – enabling order refused. Legislation Cited: Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Evidence Act 1995 Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Office of the Children's Guardian [2015] NSWSC 523 BYR v Children's Guardian [2013] NSWADT 310 Children's Guardian v BQJ [2016] NSWSC 869 CJT v Office of the Children's Guardian [2016] NSWSC 738 Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 VQB v The Secretary to the Department of Justice (Review and Regulation) [2013] VCAT 789 Category: Principal judgment Parties: DFL (Applicant) Children's Guardian (Respondent) Representation: In person (Applicant)