DOM v Children’s Guardian [2019] NSWCATAD 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DOM v Children's Guardian [2019] NSWCATAD 24 Hearing dates: 14 January 2019 Date of orders: 06 February 2019 Decision date: 06 February 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: M Hitter, Senior Member S Davison, General Member Decision: (1) DOM is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of the offence under section 43 of the Crimes Act 1900 (NSW); and (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 - whether the Applicant poses a risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Crimes Act 1900 (NSW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 Commissioner for Children and Young People v V [2002] NSWSC 949. Category: Principal judgment Parties: DOM (Applicant) Children's Guardian (Respondent) Representation: Counsel: R Dart (Respondent)

Solicitors: DOM (Self Represented)(Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2018/00267724 Publication restriction: Disclosure of the name of the applicant and the name of any alleged victim or child referred to in the material before the Tribunal is prohibited. Note: the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.