ECJ v Children’s Guardian [2020] NSWCATAD 28

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ECJ v Children's Guardian [2020] NSWCATAD 28 Hearing dates: 16 January 2020 Date of orders: 22 January 2020 Decision date: 22 January 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: (1) The proceedings are dismissed, pursuant to s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW). Catchwords: Administrative Law - Child Protection – Working with children check clearance – Application for enabling order – Where applicant's clearance cancelled less than five years before application – Whether applicant is entitled to apply for an enabling order – Whether applicant is not eligible to apply for a clearance because he has been previously refused a clearance – Application of embargo against applying for a clearance for five years after clearance has been cancelled – Whether embargo provision precludes an application for an enabling order Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Ombudsman Act 1974 (NSW) Cases Cited: CFJ v Children's Guardian [2016] NSWCATAD 62 CFJ v Office of the Children's Guardian [2016] NSWSC 1625 Texts Cited: None cited Category: Principal judgment Parties: ECJ (Applicant) Children's Guardian (Respondent) Representation: Counsel:

Solicitors: Applicant (Self Represented) Crown Solicitor (Respondent) File Number(s): 2019/00347610 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 is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).