BJJ v Children's Guardian [2014] NSWCATAD 229

BJJ v Children's Guardian [2014] NSWCATAD 229

The applicant has discharged the onus to prove, on the balance of probabilities, that he does not pose a risk to the safety of children. The Tribunal is satisfied, based on the evidence and consideration of statutory factors, to make the enabling order sought.

Parties
Applicant: BJJ; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
19 November 2014
Procedural Posture
Application for Enabling Order Under Child Protection (working With Children) Act 2012 / Final Determination
Outcome
Application for enabling order granted
Legal Topics
Working With Children Clearance, Enabling Order Application, Disqualifying Offence, Risk to Safety of Children
Administrative Law Child Protection Law Working With Children Clearance Enabling Order Application Disqualifying Offence Risk to Safety of Children

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Parties

BJJ

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 has discharged the onus that he poses no risk to the safety of children under s 28(7) of the Child Protection (Working with Children) Act 2012

Ratio Decidendi

The applicant has discharged the onus to prove, on the balance of probabilities, that he does not pose a risk to the safety of children. The Tribunal is satisfied, based on the evidence and consideration of statutory factors, to make the enabling order sought.

Court Disposition

Application for enabling order 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 carnal knowledge for which he was convicted on 15 March 1967.
  • The Children's Guardian is to grant the applicant a Working with Children clearance pursuant to s 28(6) of the Child Protection (Working with Children) Act 2012.