DMD v Children’s Guardian [2019] NSWCATAD 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DMD v Children's Guardian [2019] NSWCATAD 87 Hearing dates: 26 October 2018 Date of orders: 17 May 2019 Decision date: 17 May 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Prof P Foreman, General Member Decision: Application dismissed. Catchwords: CHILD PROTECTION – working with children check clearance – applicant found guilty of a disqualifying offence – whether applicant discharged his onus to rebut the presumption that he poses a risk to the safety of children – onus not discharged Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Commissioner for Children and Young People v FZ [2011] NSWCA 11 Commission for Children and Young People v V [2002] NSWSC 949 CTM v Children's Guardian [2016] NSWCATAD 280, ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: DMD (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein for the respondent

Solicitors: Applicant in person NSW Crown Solicitor File Number(s): 2018/177970 Publication restriction: Pursuant to subsection 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the name of the applicant, the name of any victim or child referred to in the material before the Tribunal and the name of any other person that might identify the name of the applicant or the name of a victim or child is not to be published or broadcasted without the leave of the Tribunal.Note: A reference to the name of a person includes a reference to any information, picture or other material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.