BKE v Children's Guardian [2014] NSWCATAD 185

BKE v Children's Guardian [2014] NSWCATAD 185

The applicant failed to rebut the statutory presumption in subs 28(7) of the Child Protection (Working with Children) Act 2012 that he poses a risk to the safety of children. Although the disqualifying offence and the earlier buggery offence were committed more than 44 years earlier and the likelihood of further offences of that kind was found to be low, the offences involving children and the applicant's overall criminal conduct were serious. The Tribunal was not satisfied that the applicant had demonstrated insight into his earlier offending or into the 1 January 2000 incident involving a child, which the Tribunal found had occurred and had led to concerns about risk of harm. Because a...

Jurisdiction
Australia
Judgment Date
31 October 2014
Procedural Posture
Application for an Enabling Order Under Section 28 of the Child Protection (working With Children) Act 2012 / Hearing and Determination in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales
Outcome
The applicant's application for an enabling order is refused.
Legal Topics
['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'statutory Presumption of Risk to the Safety of Children' 'child Related Work']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'statutory Presumption of Risk to the Safety of Children' 'child Related Work']

Case Brief

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Procedural Posture

Application for an Enabling Order Under Section 28 of the Child Protection (working With Children) Act 2012 / Hearing and Determination in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether the applicant, a disqualified person by reason of a 1970 conviction for carnally knowing a girl under the age of 16 years, should be granted an enabling order under section 28 of the Child Protection (Working with Children) Act 2012.' 'Whether the applicant proved, contrary to the presumption in subs 28(7) of the Child Protection (Working with Children) Act 2012, that he does not pose a risk to the safety of children.' "How the factors in subs 30(1) of the Child Protection (Working with Children) Act 2012 applied to the applicant's disqualifying offence, criminal history, alleged 2000 incident, age, health, alcohol use, and evidence of risk."]

Ratio Decidendi

The applicant failed to rebut the statutory presumption in subs 28(7) of the Child Protection (Working with Children) Act 2012 that he poses a risk to the safety of children. Although the disqualifying offence and the earlier buggery offence were committed more than 44 years earlier and the likelihood of further offences of that kind was found to be low, the offences involving children and the applicant's overall criminal conduct were serious. The Tribunal was not satisfied that the applicant had demonstrated insight into his earlier offending or into the 1 January 2000 incident involving a child, which the Tribunal found had occurred and had led to concerns about risk of harm. Because a...

Court Disposition

The applicant's application for an enabling order is refused.

Orders

  • ["The applicant's application for an enabling order is refused."]