BDY v Children's Guardian [2014] NSWCATAD 110

BDY v Children's Guardian [2014] NSWCATAD 110

The Applicant satisfied the onus of proof and displaced the presumption that he posed a risk to the safety of children. The Tribunal relied on the nature of the offences, which did not involve close contact with any child and occurred at a distance of 50-60 metres, the fact that the offences were the only offences with which he had been charged in 57 years, Dr Baron's expert evidence that he did not pose a risk to children, and the pressures and obligations arising from his long-standing religious commitment and family life within the Jehovah's Witnesses. It therefore made an enabling order and required the Respondent to grant a Working with Children Check Clearance.

Jurisdiction
Australia
Judgment Date
23 June 2014
Procedural Posture
Application for an Enabling Order Under the Child Protection (working With Children) Act, 2012 / Final Determination by the Civil and Administrative Tribunal of New South Wales, Administrative and Equal Opportunity Division
Outcome
Application granted; enabling order made and Working with Children Check Clearance ordered to be granted.
Legal Topics
['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'risk to Safety of Children' 'child Related Work']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'risk to Safety of Children' 'child Related Work']

Case Brief

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Procedural Posture

Application for an Enabling Order Under the Child Protection (working With Children) Act, 2012 / Final Determination by the Civil and Administrative Tribunal of New South Wales, Administrative and Equal Opportunity Division

Legal Issues

  1. 1 ['Whether the Applicant 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 the four offences found proved by the District Court of NSW at Port Macquarie on 8 December 2006.' 'Whether the Applicant displaced the statutory presumption that he poses a risk to the safety of children.' 'Whether the Respondent should be ordered to grant the Applicant a Working with Children Check Clearance.']

Ratio Decidendi

The Applicant satisfied the onus of proof and displaced the presumption that he posed a risk to the safety of children. The Tribunal relied on the nature of the offences, which did not involve close contact with any child and occurred at a distance of 50-60 metres, the fact that the offences were the only offences with which he had been charged in 57 years, Dr Baron's expert evidence that he did not pose a risk to children, and the pressures and obligations arising from his long-standing religious commitment and family life within the Jehovah's Witnesses. It therefore made an enabling order and required the Respondent to grant a Working with Children Check Clearance.

Court Disposition

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

Orders

  • ['The Tribunal declares that the Applicant is not to be treated as a disqualified person for purposes of the Child Protection (Working with Children) Act, 2012 in respect of the four offences found proved by the District Court of NSW at Port Macquarie on 8 December 2006.' 'The Respondent must grant the Applicant a...