DYX v Children's Guardian [2020] NSWCATAD 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DYX v Children's Guardian [2020] NSWCATAD 45 Hearing dates: 20 January 2020 Date of orders: 07 February 2020 Decision date: 07 February 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: G Blake AM SC, Senior Member R Royer, General Member Decision: (1) an order pursuant to s 28(1) of the WWC Act declaring that the applicant is not to be treated as a disqualified person for the purposes of that Act (the WWC Act) in respect of the disqualifying offence. (2) an order pursuant to s 28(6) of the WWC Act that the respondent is to grant the applicant a WWCC clearance. Catchwords: ADMINISTRATIVE LAW — Working with children — Application for enabling order — Where applicant committed offence of sexual intercourse with a person between 14 and 16 years of age — 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 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) 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: DYX (Applicant) Children's Guardian (Respondent) Representation: Counsel: Dr A Martin (Applicant) S Swami (Respondent)