DTC v Children’s Guardian [2019] NSWCATAD 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DTC v Children's Guardian [2019] NSWCATAD 141 Hearing dates: 7 June 2019 Date of orders: 23 July 2019 Decision date: 23 July 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: C Grant, Senior Member Professor P Foreman, General Member Decision: The Applicant 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 of unlawful and indecent assault in 2016 for which he received a fine and a spent conviction was granted.

Pursuant to s.28(6) of the Child Protection (Working with Children) Act 2012 the Children's Guardian is to grant the Applicant a Working with Children clearance. Catchwords: ADMINISTRATIVE LAW – child protection – working with children check clearance – applicant a disqualified person by reason of an offence and is presumed to be a risk to children – whether applicant has discharged the onus of proof – assessment of risk. Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibitive Employment) Act 1998 (Repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: BHA v Children's Guardian [2014] NWCATAD 161 BHA v Children's Guardian [2014] NWCATAD 161 Commission for Children and Young People v Y [2002] NSWCA 949 BKE v Office of Children's Guardian & Anor [2015] NSWSC 523 CHB v Children's Guardian (2016) NSWCATAD 214 CMA v Children's Guardian (2016) NSWCATAD 264 Commission for Children and Young People v FZ (2011) NSWCA 111 Director of Public Prosecution v Smith (1991) VR 6 Smith v Commissioner Police 2014 NSWCATAD 184 Category: Principal judgment Parties: DTC (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Campbell (Applicant) I Fraser (Respondent)