BGX v Children's Guardian

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	BGX v Children's Guardian [2014] NSWCATAD 173
Hearing dates:	4 September 2014
Decision date:	16 October 2014
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	M W Anderson, Senior Member
Decision:	The application filed 24 April 2014 seeking an enabling order under section 28 of the Child Protection (Working with Children) Act 2012 is refused and dismissed.
Catchwords:	ADMINISTRATIVE LAW-Working with Children check clearance sought by way of an enabling order under section 28 of the Child Protection (Working with Children) Act 2012- disqualifying offence section 91H(2) Crimes Act 1900 possessing child pornography-whether the applicant has proven he is not a risk to the safety of children-Tribunal not bound by the rules of evidence-onus of proof-failure to discharge the onus of proof-EXTENSION OF TIME- application filed out of time approximately one month-extension of time to file the application for an enabling order granted pursuant to section 41, Civil and Administrative Tribunal Act 2013 - enabling order refused.
Legislation Cited:	Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Rules 2014 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995 Family Law Act 1975 (Cth) Interpretation Act 1987
Cases Cited:	AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFX v Children's Guardian [2014] NSWCATAD 115 BYR v Children's Guardian [2013] NSWADT 310 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 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32 R v Commission for Children and Young People [2002] NSWIRComm 101 Roberts v Balancio (1987) 8 NSWLR 436
Category:	Principal judgment
Parties:	BGX (Applicant) Children's Guardian (Respondent)
Representation:	Counsel: Mr Moir (Applicant) Ms V Hartstein (Respondent) Intercept Law (Applicant) Crown Solicitor's Office (Respondent)
File Number(s):	1410209
Publication restriction:	Section 64 (1), Civil and Administrative Tribunal Act 2013-restricition on publication of information that will identify the applicant, any victims, witnesses, or evidence given and received in the Tribunal or in relation to the proceedings which is likely to identify those persons.

reasons for decision

1. The applicant, known by the initials 'BGX' for the purposes of these proceedings, filed his application for an enabling order in the Tribunal on 24 April 2014. The matter was heard on 4 September 2014.

1. An order was made at the commencement of the hearing of the proceedings under section 64 of the Civil and Administrative Tribunal Act 2013 ("the CAT Act") restricting publication of information that will identify the applicant, any victims, witnesses, or evidence received in the Tribunal or in relation to the proceedings which is likely to identify those persons.

1. The applicant seeks an enabling order under section 28 (1) of the Child Protection (Working with Children) Act 2012 ("the Act") which will, if granted, be a declaration…