BFZ -v- Children's Guardian [2014] NSWCATAD 86

BFZ -v- Children's Guardian [2014] NSWCATAD 86

The application was refused because the applicant failed to discharge the onus that he is not a real risk to children, due to poor credit and inadequate disclosure of relevant matters, including false statements regarding prior convictions and use of other names.

Parties
Applicant: BFZ; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
22 May 2014
Procedural Posture
Application for Enabling Order Under Child Protection (working With Children) Act 2012 / Final Determination
Outcome
Application refused and dismissed
Legal Topics
Working With Children Check, Enabling Order, Disclosure Obligations, Risk Assessment
Administrative Law Child Protection Working With Children Check Enabling Order Disclosure Obligations Risk Assessment

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Parties

BFZ

Applicant

Children's Guardian

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant should be granted an enabling order under s.28 of the Child Protection (Working with Children) Act 2012
  2. 2 Whether the applicant poses a real risk to the safety of children
  3. 3 Adequacy and credibility of applicant's disclosure and evidence

Ratio Decidendi

The application was refused because the applicant failed to discharge the onus that he is not a real risk to children, due to poor credit and inadequate disclosure of relevant matters, including false statements regarding prior convictions and use of other names.

Court Disposition

Application refused and dismissed

Orders

  • The application is refused and dismissed.