BVT v Children’s Guardian (No. 4) [2018] NSWCATAD 153

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BVT v Children's Guardian (No. 4) [2018] NSWCATAD 153 Hearing dates: 29 May 2018 Date of orders: 29 May 2018 Decision date: 19 July 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Roberts, Senior Member Decision: (1) The applicant is not to be treated as a disqualified person for the offence of assault with intent to rape in 1973 under the Crimes Act 1900 (NSW).

(2) The applicant's application for an enabling order is granted.

(3) Pursuant to s.28(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.

(4) Suppression Order made in regards to the name of the applicant, the applicant's partner, the child referred to in the proceedings, and the victim of the 1973 offence or any evidence given or received in the Tribunal hearing or in relation to proceedings which is likely to identify the person. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – disqualified person – disqualifying offence of assault with intent to rape in 1973 - statutory presumption the applicant poses a risk to the safety of children – whether applicant discharged his onus to rebut the statutory presumption that he poses a risk to the safety of children – onus discharged Legislation Cited: Child Protection Legislation Amendment Act 2015 (NSW) Child Protection (Prohibited Employment) Act 1998 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Commission for Children and Young People Act 1998 (NSW) Crimes Act 1900 (NSW) Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v The Children's Guardian [2014] NSWCATAD 115 BJB v NSW Office of the Children's Guardian (No. 2) 2014 NSWCAT 164 BKE v Children's Guardian [2015] NSWSC 523 BVT v Children's Guardian [2016] NSWCATAD 12 BVT v Office of the Children's Guardian [2016] NSWSC 1169 BVT v Children's Guardian (No.2) [2016] NSWCATAD 266 BVT v Children's Guardian (No.3) [2017] NSWCATAD 111 BVT v Office of the Children's Guardian [2017] NSWSC 1763 Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 R v Anunga 1976 11 ALR 412 (NTSC) Texts Cited: D Eades, "Aboriginal English and the Law", Continuing Legal Education Department, Queensland Law Society 1992 D Eades, "Taking evidence from Aboriginal Witnesses speaking English: some sociolinguistic considerations", Precedent, Issue 126, January/February 2015 Category: Principal judgment Parties: BVT (Applicant) Children's Guardian (Respondent) Representation: Counsel: Mr Jake Harris for the Respondent Solicitors: Mr Matthew Butt, Legal Aid Commission NSW (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2016/00378319 Publication restriction: Section 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW) – Restriction against the publication or broadcast of information that will identify the applicant, any victims, witnesses or evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons.