DYN v Children's Guardian [2019] NSWCATAD 271

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DYN v Children's Guardian [2019] NSWCATAD 271 Hearing dates: 19 December 2019 Date of orders: 24 December 2019 Decision date: 24 December 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: G Blake AM SC, Senior Member P Foreman AM, General Member Decision: (1) An order pursuant to s 28(1) of the Child Protection (Working with Children) Act 2012 (NSW) declaring that the applicant is not to be treated as a disqualified person for the purposes of that Act (the Child Protection (Working with Children) Act 2012 (NSW)) in respect of the offence of indecent assault under s 39(1) of the Crimes Act 1958 (Vic). (2) An order pursuant to s 28(6) of the Child Protection (Working with Children) Act 2012 (NSW) that the respondent is to grant the applicant a working with children check clearance. Catchwords: ADMINISTRATIVE LAW — Working with children — Application for enabling order — Where applicant committed offence of indecent assault involving an adult — Whether applicant discharged his onus to rebut the statutory presumption that he poses a risk to the safety of children Legislation Cited: Child Protection (Prohibited Employment) Act 1998 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1958 (Vic) Sentencing Act 1991 (Vic) Working with Children Act 2005 (Vic) 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 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Commission for Children and Young People v V [2002] NSWSC 949; (2002) 56 NSWLR 476 Commissioner for Children and Young People v FZ [2011] NSWCA 111 Commissioner for Children and Young People v IK [2005] NSWSC 1136 CSW v Children's Guardian [2017] NSWCATAD 326 CTM v Children's Guardian [2016] NSWCATAD 280 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 DAR v Children's Guardian [2018] NSWSC 942 GMO v NSW Office of the Children's Guardian [2018] NSWSC 1348 Secretary, Department of Justice v LMB [2012] VSCA 143 ZZ v Secretary, Department of Justice [2013] VSC 267 Texts Cited: None cited Category: Principal judgment Parties: DYN (Applicant) Children's Guardian (Respondent) Representation: Counsel: Applicant (Self represented) Ms C Ernst (Respondent) Solicitors: Crown Solicitor (Respondent) File Number(s): 2019/00230609 Publication restriction: With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings including mandatory reporters or risk of harm reporters is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013. Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.