DNU v Children’s Guardian [2019] NSWCATAD 139

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DNU v Children's Guardian [2019] NSWCATAD 139 Hearing dates: 14 March 2019 Date of orders: 17 July 2019 Decision date: 17 July 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: L Organ, Senior Member E Hayes, General Member Decision: (1) Declare that the applicant is not to be treated as a disqualified person for the purposes of the Child Protection Act 2012 (NSW) in respect of the offence of assault with an act of indecency Crimes Act 1900 (NSW) s 61N (2) (2) Pursuant to s 28 (6) of the Child Protection (Working with Children) Act 2012 (NSW) the respondent is ordered to grant the applicant a working with children check clearance. Catchwords: ADMINISTRATIVE LAW - Working with children-Application for enabling order – Where applicant indecently assaulted adult 14 years ago – whether applicant discharged his onus to rebut the statutory presumption that he poses a risk to the safety of children- costs Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Amendment (Statutory Review) Act 2018 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 Cases Cited: AYU v NSW Office of the Children's Guardian NSWCATAD 69 BHA v Children's Guardian [2014] NSWCATAD 161 BKE v Children's Guardian [2015] NSWSC 523 Department of Justice v PMY [2012] VSCA 143 Secretary Department of Justice v LMB, Secretary VQB v The Secretary to the Department of Justice [2013] VCAT 789 Category: Principal judgment Parties: CYO (Applicant) Children's Guardian (Respondent) Representation: Counsel: C Simpson (Applicant) I Fraser (Respondent)