CLK v Children's Guardian [2016] NSWCATAD 183

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 (NSW)- disqualifying offence under section 61L of the Crimes Act 1900 (NSW)for indecent assault upon his then wife – conviction in Local Court and on appeal to District Court discharge with a recognizance under s556A of the Crimes Act–treated as a conviction under section 5 Child Protection (Working with Children) Act 2012 (NSW) - common assault conviction on a female victim in a separate incident - assessment of risk posed by applicant- 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- onus of proof not discharged by applicant- enabling order refused.

Amy Douglas-Baker appeared for the Children's Guardian.