DPH v Children’s Guardian [2019] NSWCATAD 202

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DPH v Children's Guardian [2019] NSWCATAD 202 Hearing dates: 28 June 2019 Date of orders: 27 September 2019 Decision date: 27 September 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Prof P Foreman, General Member Decision: (1) The Tribunal declares that 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 his 2012 conviction on three counts of committing an act of indecency. (2) Pursuant to subsection 28(6) of the Child Protection (Working with Children) Act 2012, the Children's Guardian is to grant the applicant a working with children check clearance. Catchwords: Child protection – Working with children – enabling order sought – disqualified person - disqualifying offence – act of indecency – s61N Crimes Act 1900 - underlying conduct - relevance to risk of finding of intellectual disability – whether working with children check clearance required for referees - enabling order granted. Legislation Cited: Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Crimes Act 1900 (NSW) Cases Cited: CHB v Children's Guardian [2016] NSWCATAD 214 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 Mielczarek v Commissioner of Police, NSW Police Force (No 2) [2016] NSWCATAP 255 Re Pochi and Minister for Immigration and Ethnic Affairs (1979) 36 FLR 482 Secretary, Department of Justice v LMB; Secretary, Department of Justice v PMY [2012] VSCA 143 Sudath v Health Care Complaints Commission [2012] NSWCA 171 The King v The War Pensions Entitlement Appeal Tribunal; Ex parte Bott [1933] HCA 30; (1933) 50 CLR 228 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Texts Cited: Macquarie Dictionary online Category: Procedural and other rulings Parties: DPH (applicant) Children's Guardian (respondent) Representation: Counsel: P. Singleton (Respondent)