DGQ v Children’s Guardian [2018] NSWCATAD 166

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DGQ v Children's Guardian [2018] NSWCATAD 166 Hearing dates: 14 May 2018 Date of orders: 02 August 2018 Decision date: 02 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Roberts, 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 – disqualified person – disqualifying offence of two counts of assault with act of indecency pursuant to section 61L of Crimes Act 1990 (NSW) - 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 not discharged Legislation Cited: 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 BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 BJB v NSW Office of the Children's Guardian (No. 2) 2014 NSWCAT 164 Briginshaw v Briginshaw (1938) 60 CLR 336 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 CHB v Children's Guardian [2016] NSWCATAD 214 Commission for Children and Young People v V [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 11 CSO v Children's Guardian [2017] NSWCATAD 346 CYY v Children's Guardian [2017] NSWCATAD 262 Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 II v Commission for Children and Young People [2009] NSWADT 178 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: DGQ (Applicant) Children's Guardian (Respondent) Representation: DGQ (self-represented) Counsel: Mr Bruce Miles (Respondent) Solicitor: Crown Solicitor's Office (Respondent) File Number(s): 2017/354855 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