AZY v Children's Guardian [2013] NSWADT 301

AZY v Children's Guardian [2013] NSWADT 301

Having considered the statutory factors, the Tribunal found that AZY's disqualifying offence was indecent but not serious and not sexually motivated, was committed against an adult police officer rather than a child, occurred 12.5 years earlier, and had not been followed by further offending. His rehabilitation, stable employment and relationships, character evidence, and the forensic psychologist's opinion established that he did not pose any real and appreciable risk to the safety of children. The presumption in s.28(7) was therefore displaced and an enabling order should be made.

Jurisdiction
Australia
Judgment Date
22 November 2013
Procedural Posture
Application for Enabling Order Concerning Working With Children Check Clearance / Determination of Application Under S.28(1) of the Child Protection (working With Children) Act, 2012
Outcome
Application granted; enabling order made and Working With Children Clearance ordered to be granted.
Legal Topics
['disqualifying Conviction' 'enabling Order' 'risk to Safety of Children' 'working With Children Clearance']
['administrative Law' 'child Protection' 'working With Children Checks'] ['disqualifying Conviction' 'enabling Order' 'risk to Safety of Children' 'working With Children Clearance']

Case Brief

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Procedural Posture

Application for Enabling Order Concerning Working With Children Check Clearance / Determination of Application Under S.28(1) of the Child Protection (working With Children) Act, 2012

Legal Issues

  1. 1 ['Whether AZY should be declared not to be treated as a disqualified person for the purposes of the Child Protection (Working With Children) Act, 2012 in respect of his conviction for Assault with Act of Indecency under s.61L of the Crimes Act, 1900.' 'Whether AZY proved that he does not pose a real and appreciable risk to the safety of children.' "Whether the Children's Guardian should be ordered to grant AZY a Working With Children Clearance."]

Ratio Decidendi

Having considered the statutory factors, the Tribunal found that AZY's disqualifying offence was indecent but not serious and not sexually motivated, was committed against an adult police officer rather than a child, occurred 12.5 years earlier, and had not been followed by further offending. His rehabilitation, stable employment and relationships, character evidence, and the forensic psychologist's opinion established that he did not pose any real and appreciable risk to the safety of children. The presumption in s.28(7) was therefore displaced and an enabling order should be made.

Court Disposition

Application granted; enabling order made and Working With Children Clearance ordered to be granted.

Orders

  • ['The Tribunal declares that AZY is not to be treated as a disqualified person for purposes of the Child Protection (Working With Children) Act 2012 in respect of the offence "Assault with Act of Indecency" under the Crimes Act 1900, S61L for which he was convicted at Bankstown Local Court in 2002.' "The Children's...