EBE v Children’s Guardian [2019] NSWCATAD 270

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EBE v Children's Guardian [2019] NSWCATAD 270 Hearing dates: 25 November 2019 Date of orders: 20 December 2019 Decision date: 20 December 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member R Royer, General Member Decision: (1) The Tribunal declares that 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 offences of sexual intercourse with a person over the age of 14 years and under 16 years of which he was convicted on 26 November 2001. (2) Pursuant to subs 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: ADMINISTRATIVE LAW- Working with Children check clearance sought by way of an enabling order) - disqualifying offences – allegations of child neglect and abuse – whether substantiated – whether a real and appreciable risk to the safety of children – reasonable person test Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Children and Young Persons Care and Protection Act 1998 (NSW) Crimes Act 1900 (NSW) Family Law Act 1975 (CW) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BKE v Office of the Children's Guardian [2015] NSWSC 523 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 ZZ v Secretary of the Department of Justice [2013] VSC 267 Texts Cited: None cited Category: Principal judgment Parties: EBE (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Giacomo (Respondent)