DHC v Children's Guardian [2018] NSWCATAD 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DHC v Children's Guardian [2018] NSWCATAD 148 Hearing dates: On the papers Date of orders: 16 July 2018 Decision date: 16 July 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Mullane ADCJ, Principal Member S Davison, General Member Decision: (1) The application for an enabling order is granted.

(2) It is declared that the applicant is not to be treated as a disqualified person for the purposes of the Act in respect of the offence of carnally knowing a girl between 10 and 16 under s 71 (Repealed) of the Crimes Act 1900 (NSW).

(3) The Children's Guardian must grant a Working with Children Check Clearance to the applicant.

(4) Publication or broadcast without the leave of the Tribunal of the name or other identifying information of the applicant is prohibited. Catchwords: Child Protection – working with Children Check Clearance – carnal knowledge Legislation Cited: Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Adoption Act, 2000 Crimes Act 1900 Cases Cited: Children and Young People -v- V [2002] NSWSC 949 Texts Cited: Nil Category: Principal judgment Parties: DHC (Applicant) Children's Guardian (Respondent) Representation: Counsel: S Swami (Respondent)

Solicitors: M Walton (Applicant) Crown Solicitor (Respondent) File Number(s): 2017/00383538 Publication restriction: Publication or broadcast without the leave of the Tribunal of the name or other identifying information of the applicant is prohibited.