BGX v Children's Guardian [2014] NSWCATAD 173

BGX v Children's Guardian [2014] NSWCATAD 173

The applicant did not discharge the onus under section 28(7) of the Child Protection (Working with Children) Act 2012 of proving that he did not pose a real and appreciable risk to the safety of children. The Tribunal found the disqualifying offence serious, accepted on the balance of probabilities that the applicant downloaded more than cartoon images including serious child abuse images and videos, found that he minimised and failed to acknowledge the seriousness of his conduct, and considered that the psychiatric opinion was undermined by evidence that he accessed underage material for sexual stimulation. With children’s safety, welfare and well-being as the paramount consideration,...

Jurisdiction
Australia
Judgment Date
16 October 2014
Procedural Posture
Application for an Enabling Order Under Section 28 of the Child Protection (working With Children) Act 2012 / Final Determination
Outcome
Application refused and dismissed.
Legal Topics
['working With Children Check Clearance' 'enabling Order' 'disqualifying Offence' 'possession of Child Abuse Material' 'extension of Time' 'onus of Proof']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'enabling Order' 'disqualifying Offence' 'possession of Child Abuse Material' 'extension of Time' 'onus of Proof']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for an Enabling Order Under Section 28 of the Child Protection (working With Children) Act 2012 / Final Determination

Legal Issues

  1. 1 ['Whether an extension of time should be granted for the application filed approximately one month out of time.' 'Whether the applicant proved, contrary to the statutory presumption in section 28(7) of the Child Protection (Working with Children) Act 2012, that he did not pose a risk to the safety of children.' 'Whether the applicant should be granted an enabling order under section 28 of the Child Protection (Working with Children) Act 2012.']

Ratio Decidendi

The applicant did not discharge the onus under section 28(7) of the Child Protection (Working with Children) Act 2012 of proving that he did not pose a real and appreciable risk to the safety of children. The Tribunal found the disqualifying offence serious, accepted on the balance of probabilities that the applicant downloaded more than cartoon images including serious child abuse images and videos, found that he minimised and failed to acknowledge the seriousness of his conduct, and considered that the psychiatric opinion was undermined by evidence that he accessed underage material for sexual stimulation. With children’s safety, welfare and well-being as the paramount consideration,...

Court Disposition

Application refused and dismissed.

Orders

  • ['The application filed 24 April 2014 seeking an enabling order under section 28 of the Child Protection (Working with Children) Act 2012 is refused and dismissed.']