BEQ v Children's Guardian [2014] NSWCATAD 96

BEQ v Children's Guardian [2014] NSWCATAD 96

Although the 1963 offences were serious and involved indecent assaults on two 13-year-old boys, the Tribunal was comfortably satisfied, after considering the statutory matters, that BEQ had established that he does not pose a real risk to children. The conclusion was supported by the nearly 51 years since the offences, the absence of any further charges or convictions, his exemplary conduct since the offences, supportive references from persons aware of the convictions, and prior evidence assessing his risk. An Enabling Order and an order requiring the grant of a Working with Children Check Clearance were therefore justified.

Jurisdiction
Australia
Judgment Date
14 July 2014
Procedural Posture
Application by a Disqualified Person for an Enabling Order Under the Child Protection (working With Children) Act, 2012 / Final Decision
Outcome
Application granted; Enabling Order made and Working with Children Check Clearance ordered to be granted.
Legal Topics
['disqualifying Conviction' 'enabling Order' 'working With Children Check Clearance' 'risk to the Safety of Children']
['administrative Law' 'child Protection' 'working With Children Checks'] ['disqualifying Conviction' 'enabling Order' 'working With Children Check Clearance' 'risk to the Safety of Children']

Case Brief

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Procedural Posture

Application by a Disqualified Person for an Enabling Order Under the Child Protection (working With Children) Act, 2012 / Final Decision

Legal Issues

  1. 1 ['Whether BEQ 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 two 1963 indecent assault convictions.' 'Whether BEQ 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 BEQ a Working with Children Check Clearance."]

Ratio Decidendi

Although the 1963 offences were serious and involved indecent assaults on two 13-year-old boys, the Tribunal was comfortably satisfied, after considering the statutory matters, that BEQ had established that he does not pose a real risk to children. The conclusion was supported by the nearly 51 years since the offences, the absence of any further charges or convictions, his exemplary conduct since the offences, supportive references from persons aware of the convictions, and prior evidence assessing his risk. An Enabling Order and an order requiring the grant of a Working with Children Check Clearance were therefore justified.

Court Disposition

Application granted; Enabling Order made and Working with Children Check Clearance ordered to be granted.

Orders

  • ['The Tribunal declares that BEQ is not to be treated as a disqualified person for purposes of the Child Protection (Working with Children) Act, 2012 in respect of the two offences of indecent assault on a male person under the Crimes Act, 1900 s 81 for which he was convicted in the Sydney Quarter Sessions on 13...