CZZ v Children's Guardian

[2018] NSWCATAD 56

Civil and Administrative Tribunal

New South Wales

• Amendment notes

Medium Neutral Citation:

CZZ v Children’s Guardian [2018] NSWCATAD 56

Hearing dates:

28 September 2017

Date of orders:

13 March 2018

Decision date:

13 March 2018

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

J McAteer, Senior Member
Prof E Foreman, General Member

Decision:

(1) The applicant is not to be treated as a disqualified person for two offences of indecent assault under the Crimes Act 1958 (Vic).
(2) The application for an enabling order is granted.

(3) Pursuant to s28(6) of the Child Protection (Working With Children) Act 2012, the Children's Guardian is to grant a working with children check clearance to the applicant.

Catchwords:

ADMINISTRATIVE LAW – child protection – working with children – disqualifying offences – enabling order – circumstances of offence –weight of evidence – discharge of onus

Legislation Cited:

Administrative Decisions Review Act 1997
Child Protection (Prohibited Employment) Act 1998 (Repealed)
Child Protection (Working with Children) Act 2012
Child Protection (Working with Children) Regulation 2013
Civil and Administrative Tribunal Act 2013
Evidence Act 1995

Cases Cited:

AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69
BFC v The Children's Guardian [2014] NSWCATAD 90
BFX v Children's Guardian [2014] NSWCATAD 115
BGW v NSW Office of the Children’s Guardian [2014] NSWCATAD 179
BJB v Office of the Children's Guardian [2014] NSWCATAD 111
BJB v The Children's Guardian (No. 2) [2014] NSWCATAD 164
BKE v Children’s Guardian [2015] NSWSC 523
CGP v Children’s Guardian [2017] NSWCATAD 12
CHB v Children’s Guardian [2016] NSWCATAD 214
Children’s Guardian v CKF [2017] NSWSC 893
Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476
Commissioner for Children and Young People v FZ [2011] NSWCA 111
CYY v Children's Guardian (No 2) NSWCATAD 262
Jones v Dunkel (1959) 101 CLR 298
M v M (1988) 166 CLR (HCA)
Office of the Children’s Guardian v CFW [2016] NSWSC 1406
R v Commission for Children and Young People [2002] NSWIRComm 101
Re: Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88.
Smith v Commissioner of Police [2014] NSWCATAD 184
ZZ v Secretary of the Department of Justice [2013] VSC 267

Category:

Principal judgment

Parties:

CZZ (Applicant)
Children’s Guardian (Respondent)

Representation:

Counsel:
M Giacomo (Respondent)

  Solicitors:
CZZ (Applicant in person)
Crown Solicitor’s Office (Respondent)

File Number(s):

2017/00096493

Publication restriction:

Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the Tribunal restricts disclosure of the name of the applicant, his victims or of evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons.

REASONS FOR decision

Introduction

1. On 30 March 2017 the applicant applied for administrative review in the Tribunal of a decision of the respondent to refuse to grant the applicant a Working with Children Check Clearance on the basis that he is a disqualified person. That finding was made on 6 March 2017.

2. The Applicant in these proceedings is…