BFH v Children's Guardian [2014] NSWCATAD 206

BFH v Children's Guardian [2014] NSWCATAD 206

The applicant did not discharge the required onus, on the balance of probabilities, to show that he does not pose a risk to the safety of children, due to the seriousness of the offences, lack of insight, incomplete disclosure, and concerning recent history, and therefore the application must be dismissed.

Parties
Applicant: BFH; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
23 April 2014
Procedural Posture
Application for Enabling Order Under Child Protection (working With Children) Act 2012 / Final Decision at First Instance
Outcome
Application dismissed
Legal Topics
Working With Children Clearance, Disqualifying Conviction, Enabling Order, Risk to Children
Administrative Law Child Protection Working With Children Clearance Disqualifying Conviction Enabling Order Risk to Children

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Parties

BFH

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for Enabling Order Under Child Protection (working With Children) Act 2012 / Final Decision at First Instance

Legal Issues

  1. 1 Whether the applicant, a disqualified person due to past convictions, has proved he does not pose a risk to children so as to be granted an enabling order for working with children clearance.

Ratio Decidendi

The applicant did not discharge the required onus, on the balance of probabilities, to show that he does not pose a risk to the safety of children, due to the seriousness of the offences, lack of insight, incomplete disclosure, and concerning recent history, and therefore the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • The application for an enabling order is dismissed.