DVW v Office of the Children’s Guardian [2020] NSWCATAD 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DVW v Office of the Children's Guardian [2020] NSWCATAD 33 Hearing dates: 11 September 2019 Date of orders: 29 January 2020 Decision date: 29 January 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member E Hayes, General Member Decision: (1) It is declared DVW is not a disqualified person for the purposes of section 28(1) of Child Protection (Working with Children) Act 2012 (NSW) for the offence of filming another person's private parts for the purpose of obtaining sexual arousal or sexual gratification contrary to s 91L(1) Crimes Act 1900 (NSW) entered on 5 February 2014 at the Hornsby Local Court. (2) The application for an enabling order under section 28 Child Protection (Working with Children) Act 2012 (NSW) filed 10 May 2019 is granted. (3) The Children's Guardian is to grant a working with children check clearance to DVW pursuant to section 28(6) of Child Protection (Working with Children) Act 2012 (NSW). Catchwords: ADMINISTRATIVE LAW – review under section 27(1) Child Protection (Working with Children) Act 2012 (NSW)child protection – working with children - risk to children whether risk real and appreciable– indecent assault contrary to s 91L(1) Crimes Act 1900 (NSW)– enabling order – discharge onus -would a reasonable person allow unsupervised access to their own child in context of child related work Legislation Cited: Administrative Decisions Review Act 1997(NSW) Child and Young Persons (Care and protection) Act 1998 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) Regulation 2013 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes Sentencing and Procedure Act 1999 (NSW) Evidence Act 1995 (NSW) Working with Children Act 2005 (Vic) Cases Cited: AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFB v Children's Guardian [2014] NSWCATAD 111 BFX v Children's Guardian [2014] NSWCATAD 115 BJB v Office of the Children's Guardian [2014] NSWCATAD 111 BKE v Office of the Children's Guardian [2015] NSWSC 523 BYR v Children's Guardian [2013] NSWADT 310 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Children's Guardian v BQJ [2016] NSWSC 869 Children's Guardian v CFW [2016] NSWSC 1406 Children's Guardian v CKF [2017] NSWSC 893 Children's Guardian v CXZ [2019] NSWSC 1083 CJT v Office of the Children's Guardian [2016] NSWSC 738 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 CTM v Children's Guardian [2016] NSWCATAD 280 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 M v M [1988] HCA 68; 166 CLR 69 Neat Holdings Pty Ltd v Karjan Holdings Pty Ltd [1992] HCA 66; (1992) 110 ALR 449 R v Commission for Children and Young People [2002] NSWIRComm 101 R v War Pensions Entitlement Appeal Tribunal; ex parte Bott [1933] HCA 30 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88. Smith v Commissioner of Police [2014] NSWCATAD 184 Tilley v Children's Guardian [2017] NSWSC 174 ZZ v Secretary of the Department of Justice [2013] VSC 267 Texts Cited: None cited Category: Principal judgment Parties: DVW (Applicant) Children's Guardian (Respondent) Representation: Counsel: V Hartstein (Respondent)