BFW v The Children's Guardian [2014] NSWCATAD 146

BFW v The Children's Guardian [2014] NSWCATAD 146

The Tribunal found that there is not a real and appreciable risk that BFW poses to the safety of children, having displaced the statutory presumption to the contrary. The offense involved only a single image, no evidence of intent to harm or further offending, and extensive investigation revealed no pattern of inappropriate behaviour. Accordingly, BFW should not be treated as a disqualified person and must be granted a Working with Children Clearance.

Parties
Applicant: BFW; Respondent: The Children's Guardian
Jurisdiction
Australia
Judgment Date
17 September 2014
Procedural Posture
Administrative Review / Final Judgment
Outcome
Application granted
Legal Topics
Working With Children Check, Enabling Order, Disqualifying Conviction
Administrative Law Equal Opportunity Child Protection Working With Children Check Enabling Order Disqualifying Conviction

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Parties

BFW

Applicant

The Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Judgment

Legal Issues

  1. 1 Whether BFW should be treated as a disqualified person under the Child Protection (Working with Children) Act, 2012 due to a conviction for possession of child abuse material
  2. 2 Whether BFW poses a risk to the safety of children as required for the making of an enabling order

Ratio Decidendi

The Tribunal found that there is not a real and appreciable risk that BFW poses to the safety of children, having displaced the statutory presumption to the contrary. The offense involved only a single image, no evidence of intent to harm or further offending, and extensive investigation revealed no pattern of inappropriate behaviour. Accordingly, BFW should not be treated as a disqualified person and must be granted a Working with Children Clearance.

Court Disposition

Application granted

Orders

  • The Tribunal declares that BFW is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act, 2012 in respect of the offence of possess child abuse material under s.91H(2) of the Crimes Act (NSW), 1900 for which he was convicted at Campbelltown Local Court on 8...
  • The Children's Guardian must grant BFW a Working with Children Clearance.