BEB v The Children's Guardian [2014] NSWCATAD 194

BEB v The Children's Guardian [2014] NSWCATAD 194

BEB failed to discharge the onus to satisfy the Tribunal that he does not present an appreciable and real risk to children due to his minimisation of the offence, failure to seek counselling or address alcohol use, and lack of insight into his conduct and risk; consequently, the application for an enabling order was refused and dismissed.

Jurisdiction
Australia
Judgment Date
11 November 2014
Procedural Posture
Enabling Application / Final Determination
Outcome
Application refused and dismissed
Legal Topics
['working With Children Check' 'enabling Order' 'disqualification for Child Related Work']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'enabling Order' 'disqualification for Child Related Work']

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

Enabling Application / Final Determination

Legal Issues

  1. 1 ['Whether BEB should be granted an enabling order to not be treated as a disqualified person and to be granted a Working with Children Check clearance under section 28 of Child Protection (Working with Children) Act, 2012']

Ratio Decidendi

BEB failed to discharge the onus to satisfy the Tribunal that he does not present an appreciable and real risk to children due to his minimisation of the offence, failure to seek counselling or address alcohol use, and lack of insight into his conduct and risk; consequently, the application for an enabling order was refused and dismissed.

Court Disposition

Application refused and dismissed

Orders

  • ['The Application of BEB for an Enabling order is refused and dismissed']