DQD v Children's Guardian [2019] NSWCATAD 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DQD v Children's Guardian [2019] NSWCATAD 84 Hearing dates: 10 April 2019 Date of orders: 15 May 2019 Decision date: 15 May 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: G Blake AM SC, Senior Member E Hayes, General Member Decision: 1. An order pursuant to s 28(1) of the Child Protection (Working with Children) Act 2012 (NSW) declaring that the applicant is not to be treated as a disqualified person for the purposes of that Act (the Child Protection (Working with Children) Act 2012 (NSW)) in respect of the offence of the of filming a person's private parts under s 91L of the Crimes Act 1900 (NSW). 2. An order pursuant to s 28(6) of the Child Protection (Working with Children) Act 2012 (NSW) that the respondent is to grant the applicant a Working With Children Check clearance. 3. An order pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW) prohibiting, with the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings including mandatory reporters or risk of harm reporters. Catchwords: ADMINISTRATIVE LAW — Working with children — Application for enabling order — Where applicant committed offence of filming an adult woman's private parts — Whether applicant discharged his onus to rebut the statutory presumption that he poses a risk to the safety of children Legislation Cited: Child Protection (Prohibited Employment) Act 1998 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) Working with Children Act 2005 (Vic) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Office of the Children's Guardian [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 CFJ v Children's Guardian [2016] NSWCATAD 62 CJT v Office of the Children's Guardian [2016] NSWSC 738 Commission for Children and Young People v V [2002] NSWSC 949; (2002) 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 Commissioner for Children and Young People v IK [2005] NSWSC 1136 CSW v Children's Guardian [2017] NSWCATAD 326 CTM v Children's Guardian [2016] NSWCATAD 280 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: DQD (Applicant) Children's Guardian (Respondent) Representation: Counsel: Ms J Ambikapathy (Applicant) Ms M Giacomo (Respondent) Solicitors: Peakzon Legal (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2018/343144 Publication restriction: With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings including mandatory reporters or risk of harm reporters is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013. Note: a reference to 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.