BFC v The Children's Guardian [2014] NSWCATAD 90

BFC v The Children's Guardian [2014] NSWCATAD 90

On the totality of the evidence, including expert risk assessment and the applicant's conduct since offending, the Tribunal was satisfied that BFC does not pose a risk to the safety of children and should not be treated as a disqualified person under the Act.

Jurisdiction
Australia
Judgment Date
08 July 2014
Procedural Posture
Application for Administrative Review / Final Decision
Outcome
Application granted
Legal Topics
['working With Children Check' 'disqualification Due to Criminal Conviction' 'risk Assessment for Child Related Work']
['administrative Law' 'child Protection'] ['working With Children Check' 'disqualification Due to Criminal Conviction' 'risk Assessment for Child Related Work']

Case Brief

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Procedural Posture

Application for Administrative Review / Final Decision

Legal Issues

  1. 1 ['Whether BFC should be treated as a disqualified person under the Child Protection (Working with Children) Act, 2012 due to prior convictions for incest' 'Whether BFC presents a risk to the safety of children for the purposes of an enabling order']

Ratio Decidendi

On the totality of the evidence, including expert risk assessment and the applicant's conduct since offending, the Tribunal was satisfied that BFC does not pose a risk to the safety of children and should not be treated as a disqualified person under the Act.

Court Disposition

Application granted

Orders

  • ['The Tribunal declares that BFC is not to be treated as a disqualified person for purposes of the Child Protection (Working with Children) Act, 2012 in respect of the 3 incest offences found proved by the Supreme Court at Armidale on 17 November 1982.' "The Children's Guardian must grant BFC a Working with Children...