BJS v Children’s Guardian [2015] NSWCATAD 47

BJS v Children’s Guardian [2015] NSWCATAD 47

Having regard to all relevant factors and evidence, including seriousness and age of offences, conduct since offences, age and vulnerability of complainants, applicant’s criminal history, likelihood of repetition, and expert assessments, the Tribunal was satisfied the applicant had rebutted the presumption of risk and discharged his onus. The offences were at the lower end of seriousness, no further convictions or allegations occurred after 2003, and substantial changes in applicant’s conduct were demonstrated.

Jurisdiction
Australia
Judgment Date
19 March 2015
Procedural Posture
Application for Enabling Order (administrative Law) / Final Determination and Reasons for Decision
Outcome
Enabling order granted; applicant to be treated not as a disqualified person; working with children clearance to be granted.
Legal Topics
['working With Children Clearance' 'disqualified Persons' 'sexual Assault Convictions' 'statutory Presumption' 'risk to Safety of Children']
['administrative Law' 'child Protection' 'criminal Law'] ['working With Children Clearance' 'disqualified Persons' 'sexual Assault Convictions' 'statutory Presumption' 'risk to Safety of Children']

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Procedural Posture

Application for Enabling Order (administrative Law) / Final Determination and Reasons for Decision

Legal Issues

  1. 1 ['Whether the applicant has rebutted the presumption that he poses a real and appreciable risk to the safety of children under the Child Protection (Working with Children) Act 2012' 'Whether an enabling order should be made for granting a working with children clearance despite disqualifying offence']

Ratio Decidendi

Having regard to all relevant factors and evidence, including seriousness and age of offences, conduct since offences, age and vulnerability of complainants, applicant’s criminal history, likelihood of repetition, and expert assessments, the Tribunal was satisfied the applicant had rebutted the presumption of risk and discharged his onus. The offences were at the lower end of seriousness, no further convictions or allegations occurred after 2003, and substantial changes in applicant’s conduct were demonstrated.

Court Disposition

Enabling order granted; applicant to be treated not as a disqualified person; working with children clearance to be 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 two offences of sexual assault (unlawful and indecent assault) contrary to the Queensland Criminal Code Act 1899, of which he was convicted on 25 January...