BLP v Children’s Guardian [2015] NSWCATAD 107

BLP v Children’s Guardian [2015] NSWCATAD 107

The applicant failed to rebut the statutory presumption of risk to children under s 28(7) of the Child Protection (Working with Children) Act 2012, owing to his admitted ongoing sexual interest in young females, his continued access to teenage pornography sites, and inability to confidently assert that he would not reoffend. Accordingly, the Tribunal was not satisfied on the balance of probabilities that he does not pose a risk to children greater than that posed by any adult.

Jurisdiction
Australia
Judgment Date
25 May 2015
Procedural Posture
Application for Enabling Order (administrative Review) / Decision
Outcome
Application refused and dismissed
Legal Topics
['child Protection' 'working With Children Clearance' 'disqualified Person' 'risk Assessment']
['administrative Law'] ['child Protection' 'working With Children Clearance' 'disqualified Person' 'risk Assessment']

Case Brief

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Procedural Posture

Application for Enabling Order (administrative Review) / Decision

Legal Issues

  1. 1 ['Whether the applicant has rebutted the presumption under s 28(7) of the Child Protection (Working with Children) Act 2012 that he poses a risk to the safety of children.' 'Whether the applicant should be granted an enabling order under s 28(1) of the Act.']

Ratio Decidendi

The applicant failed to rebut the statutory presumption of risk to children under s 28(7) of the Child Protection (Working with Children) Act 2012, owing to his admitted ongoing sexual interest in young females, his continued access to teenage pornography sites, and inability to confidently assert that he would not reoffend. Accordingly, the Tribunal was not satisfied on the balance of probabilities that he does not pose a risk to children greater than that posed by any adult.

Court Disposition

Application refused and dismissed

Orders

  • ['The application by BLP is refused and dismissed.']