DJP v Children’s Guardian [2018] NSWCATAD 255

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DJP v Children's Guardian [2018] NSWCATAD 255 Hearing dates: 24 September 2018 Date of orders: 02 November 2018 Decision date: 02 November 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant, Senior Member A Limbury, General Member Decision: (1) The applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 with respect to the offence of committing an indecent assault. (2) The Children's Guardian is to grant the applicant a Working with Children Check clearance. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – applicant is a disqualified person by reason of a conviction for the offence of committing an indecent act – presumed Applicant to be a risk to children - whether applicant has discharged the onus of proof to the contrary Legislation Cited: Child Protection (Prohibited Employment) Act 1998 Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Commission for Children and Young People Act 1998 Cases Cited: BHA v Children's Guardian [2014] NWCATAD 161 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 Commission for Children and Young People v FZ NSWCA 111 BHA v Children's Guardian [2014] NWCATAD 161 Commission for Children and Young People v FZ [2011] NSWCA 111 CHB v Children's Guardian (2016) NSWCATAD 214 CMA v Children's Guardian (2016) NSWCATAD 264 Smith v Commissioner of Police 2014 NSWCATAD 184. Director of Public Prosecution v Smith (1991) VR 6 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: DJP (Applicant) Children's Guardian (Respondent) Representation: Counsel: B Miles (Respondent)