DVF v Children’s Guardian [2019] NSWCATAD 206

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DVF v Children's Guardian [2019] NSWCATAD 206 Hearing dates: 18 September 2019 Date of orders: 18 September 2019 Decision date: 18 September 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: E Connor, Senior Member S Davison, 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.

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 clearance. Catchwords: ADMINISTRATIVE LAW-refusal of working with children check clearance-sexual intercourse with a child-disqualified person Legislation Cited: Child Protection (Offenders Registration) Act 2000 Child Protection (Prohibited Employment) Act 1998 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1990 (NSW) Crimes (Sentencing Procedure) Act 1999 Cases Cited: Commission for Children and Young People v FZ [2011] NSWCA at 111 Commission for Children and Young People v V [2002] NSWSC at 949 Category: Principal judgment Parties: DVF (Applicant) Children's Guardian (Respondent) Representation: Counsel: I Fraser (Respondent)