DMM v Children’s Guardian [2018] NSWCATAD 288

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DMM v Children's Guardian [2018] NSWCATAD 288 Hearing dates: On the papers Date of orders: 13 November 2018 Decision date: 13 November 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: E Connor, Senior Member R Royer, General Member Decision: (1) The Tribunal declares that the applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012.

(2) Pursuant to subsection 28(6) of the Child Protection (Working with Children) Act 2012, the Children's Guardian is to grant the applicant a working with children clearance. Catchwords: ADMINISTRATIVE LAW-refusal of working with children check clearance-historic carnal knowledge conviction-assessment of risk Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Prohibited Employment) Act 1998 Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Cases Cited: Commissioner for Children and Young People v FZ [2011] NSWCA at 111 Commission for Children and Young People v V [2002] NSWSC at 949 Category: Principal judgment Parties: DMM (Applicant) Children's Guardian (Respondent) Representation: Solicitors: K Basche (Applicant) Crown Solicitor (Respondent) File Number(s): 2018/00195702 Publication restriction: Pursuant to subs 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the name of the applicant, any child (whether the person is a child now or was a child when the relevant document was created or incident occurred), any victim and the name of any other person that might identify the name of the applicant, the name of a child or victim is not to be published or broadcasted without the leave of the Tribunal.