BBZ v Office of the Children's Guardian [2014] NSWCATAD 112

BBZ v Office of the Children's Guardian [2014] NSWCATAD 112

Having regard to the seriousness of the offence, the 26 years since it was committed, the fact that the victim was not a child, the absence of similar offending, the applicant's guilty plea, parole, remorse, employment and family history, and expert evidence assessing him as a moderately low risk of reoffending with no indicators suggesting a risk to children, the Tribunal was satisfied that the applicant rebutted the presumption that he posed a risk to the safety of children and should be granted the orders sought.

Jurisdiction
Australia
Judgment Date
01 August 2014
Procedural Posture
Application Under S28 of the Child Protection (working With Children) Act 2012 for an Enabling Order and Working With Children Clearance / Determination After Hearing
Outcome
Application granted.
Legal Topics
['working With Children Clearance' 'disqualified Person' 'disqualifying Conviction' 'enabling Order' 'risk to the Safety of Children']
['administrative Law' 'child Protection'] ['working With Children Clearance' 'disqualified Person' 'disqualifying Conviction' 'enabling Order' 'risk to the Safety of Children']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under S28 of the Child Protection (working With Children) Act 2012 for an Enabling Order and Working With Children Clearance / Determination After Hearing

Legal Issues

  1. 1 ['Whether the applicant should not be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of the relevant offence.' 'Whether the applicant proved, contrary to the statutory presumption, that he does not pose a risk to the safety of children.' "Whether the Children's Guardian should be ordered to grant the applicant a working with children clearance."]

Ratio Decidendi

Having regard to the seriousness of the offence, the 26 years since it was committed, the fact that the victim was not a child, the absence of similar offending, the applicant's guilty plea, parole, remorse, employment and family history, and expert evidence assessing him as a moderately low risk of reoffending with no indicators suggesting a risk to children, the Tribunal was satisfied that the applicant rebutted the presumption that he posed a risk to the safety of children and should be granted the orders sought.

Court Disposition

Application granted.

Orders

  • ['Declare that the applicant not be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of the offence of rape, of which he was convicted on 25 March 1971.' "Pursuant to subsection 28(6) of the Child Protection (Working with Children) Act 2012, the...