BKY v Children's Guardian [2014] NSWCATAD 201

BKY v Children's Guardian [2014] NSWCATAD 201

The applicant failed to discharge the statutory onus to rebut the presumption that he poses a risk to the safety of children due to his lack of insight into offending, absence of psychological counselling or strategies to prevent future offending, inadequacy of psychological report, and breach of trust in a fiduciary relationship with the victim, rendering her vulnerable.

Jurisdiction
Australia
Judgment Date
20 November 2014
Procedural Posture
Application for Enabling Order Under the Child Protection (working With Children) Act 2012 / Decision
Outcome
Application for enabling order refused
Legal Topics
['working With Children Clearance' 'disqualifying Offence' 'enabling Order' 'risk Assessment' 'vulnerability' 'fiduciary Relationship']
['administrative Law' 'child Protection' 'criminal Law'] ['working With Children Clearance' 'disqualifying Offence' 'enabling Order' 'risk Assessment' 'vulnerability' 'fiduciary Relationship']

Case Brief

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Procedural Posture

Application for Enabling Order Under the Child Protection (working With Children) Act 2012 / Decision

Legal Issues

  1. 1 ['Whether the applicant poses a risk to the safety of children' 'Whether the applicant has discharged the statutory onus under section 28(7) of the Child Protection (Working with Children) Act 2012' "Whether the applicant's conduct and psychological assessment warrant granting the enabling order"]

Ratio Decidendi

The applicant failed to discharge the statutory onus to rebut the presumption that he poses a risk to the safety of children due to his lack of insight into offending, absence of psychological counselling or strategies to prevent future offending, inadequacy of psychological report, and breach of trust in a fiduciary relationship with the victim, rendering her vulnerable.

Court Disposition

Application for enabling order refused

Orders

  • ['The application for an enabling order is refused.' 'Publication restriction under section 64(1) Civil and Administrative Tribunal Act 2013 prohibiting identification of applicant, victims, witnesses, or evidence likely to identify those persons.']