BFB -v- The Children's Guardian [2014] NSWCATAD 92

BFB -v- The Children's Guardian [2014] NSWCATAD 92

The Applicant did not rebut the statutory presumption that he posed a risk to the safety of children. The Tribunal relied on the seriousness of the 1983 sexual abuse of a 4 year old child in the Applicant's care, the Applicant's failure to make full disclosure, his inconsistent and unreliable evidence, his history of alcoholism, self-harm and sexualised behaviour, the relatively short asserted period of abstinence, the absence of expert psychological or psychiatric evidence about his alcohol, behavioural and sexual issues, and the absence of expert assessment of his risk to children. The evidence did not establish that the Applicant was not a risk to children, so the enabling order was...

Jurisdiction
Australia
Judgment Date
09 May 2014
Procedural Posture
Application for an Enabling Order Under the Child Protection (working With Children) Act 2012 / Hearing of Application After Refusal of a Working With Children Check Clearance
Outcome
Application refused and dismissed.
Legal Topics
['working With Children Check Clearance' 'enabling Order' 'disqualified Person' 'risk to Safety of Children' 'child Sexual Abuse' 'full Disclosure']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'enabling Order' 'disqualified Person' 'risk to Safety of Children' 'child Sexual Abuse' 'full Disclosure']

Case Brief

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Procedural Posture

Application for an Enabling Order Under the Child Protection (working With Children) Act 2012 / Hearing of Application After Refusal of a Working With Children Check Clearance

Legal Issues

  1. 1 ['Whether the Tribunal should make an enabling order declaring that the Applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of his 1983 conviction.' 'Whether the Applicant proved, contrary to the statutory presumption, that he does not pose a risk to the safety of children.' 'Whether the Applicant made full disclosure of matters relevant to the application.']

Ratio Decidendi

The Applicant did not rebut the statutory presumption that he posed a risk to the safety of children. The Tribunal relied on the seriousness of the 1983 sexual abuse of a 4 year old child in the Applicant's care, the Applicant's failure to make full disclosure, his inconsistent and unreliable evidence, his history of alcoholism, self-harm and sexualised behaviour, the relatively short asserted period of abstinence, the absence of expert psychological or psychiatric evidence about his alcohol, behavioural and sexual issues, and the absence of expert assessment of his risk to children. The evidence did not establish that the Applicant was not a risk to children, so the enabling order was...

Court Disposition

Application refused and dismissed.

Orders

  • ['The Application is refused and dismissed.']