DPO v Children's Guardian [2019] NSWCATAD 127

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DPO v Children's Guardian [2019] NSWCATAD 127 Hearing dates: 13 March 2019 Date of orders: 27 June 2019 Decision date: 27 June 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: Hon G Mullane ADCJ, Principal Member S Davison, General Member Decision: 1. The Applicant is not to be treated as a disqualified person for purposes of the Child Protection (Working with Children) Act 2012 in respect of the offence of manslaughter of a child of which he was convicted by the NSW Court of Criminal Appeal on 22 june 1989. 2. The Respondent must grant the applicant a Working with Children Check Clearance. 3. Publication or broadcast without the leave of the Tribunal of the name or other identifying information of the Applicant, his son, daughter, former wife, or defacto wife, is prohibited. Catchwords: CHILDREN PROTECTION – working with children – disqualified person – application for enabling order Legislation Cited: Child Protection (Working with Children) Act 2012 ('the Act"); Child Protection (Prohibited Employment) Act 1998 Cases Cited: Commission for Children and Young People v V [2002] NSWSC 949 Category: Principal judgment Parties: DPO (Applicant) Office of the Children's Guardian (Respondent) Representation: DPO (Applicant in person) R Dart (Respondent)

Solicitors: Crown Solicitor (Respondent) File Number(s): 2018/320624 Publication restriction: Publication or broadcast without the permission of the Tribunal of the name or other identifying information of the Applicant, his son or daughter or his former wife or defacto wife is prohibited.