BFT v NSW Office of Children's Guardian [2014] NSWCATAD 159

BFT v NSW Office of Children's Guardian [2014] NSWCATAD 159

The Applicant has established, on the balance of probabilities and with regard to all mandatory statutory matters, that he does not pose a risk to the safety of children, given passage of time since offence, abstinence from alcohol, no further convictions for 18 years, credible psychological evaluation, and stable provision of care for grandchildren.

Jurisdiction
Australia
Judgment Date
30 September 2014
Procedural Posture
Application for Enabling Order Under Child Protection (working With Children) Act 2012 / Final Determination
Outcome
Application granted
Legal Topics
['working With Children Clearance' 'disqualifying Conviction' 'enabling Order' 'risk to Children']
['administrative Law' 'equal Opportunity Law' 'child Protection'] ['working With Children Clearance' 'disqualifying Conviction' 'enabling Order' 'risk to Children']

Case Brief

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Procedural Posture

Application for Enabling Order Under Child Protection (working With Children) Act 2012 / Final Determination

Legal Issues

  1. 1 ['Whether the applicant poses a risk to the safety of children for the purposes of the Child Protection (Working with Children) Act 2012' 'Whether the applicant should be declared not to be treated as a disqualified person in respect of his conviction for rape']

Ratio Decidendi

The Applicant has established, on the balance of probabilities and with regard to all mandatory statutory matters, that he does not pose a risk to the safety of children, given passage of time since offence, abstinence from alcohol, no further convictions for 18 years, credible psychological evaluation, and stable provision of care for grandchildren.

Court Disposition

Application granted

Orders

  • ['Declare that the applicant not be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of the offence of rape, of which he was convicted on 7 November 1978.' "Pursuant to s.28(6) of the Child Protection (Working with Children) Act 2012, the...