DPO v Children’s Guardian [2018] NSWCATAD 258

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DPO v Children's Guardian [2018] NSWCATAD 258 Hearing dates: 25 October 2018 Date of orders: 07 November 2018 Decision date: 07 November 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: The applicant's application for a stay of the determination of the Children's Guardian is dismissed. Catchwords: ADMINISTRATIVE LAW – Child Protection – Where applicant a disqualified person by reason of a manslaughter conviction over 30 years ago - Application for a stay of determination that applicant be refused a working with children check clearance Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: CZI v Children's Guardian [2017] NSWCATAD 179 New South Wales Bar Association v Stevens [2003] NSWCA 95 Texts Cited: Nil Category: Consequential orders (other than Costs) Parties: DPO (Applicant) Children's Guardian (Respondent) Representation: Counsel: Ms Dart (Respondent)

Solicitors: Applicant in person Crown Solicitor (Respondent) File Number(s): 2018/00320624 Publication restriction: Orders have been made pursuant to s 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW)

REASONS FOR DECISION 1. The applicant applied to the Tribunal for an order enabling him to work with children, and also for a stay of the determination of the Children's Guardian not to grant him a clearance. This decision concerns his stay application. 2. I have decided not to grant the stay, because the applicant has not provided sufficient evidence to displace the presumption that he is a risk to children.