BML v Children’s Guardian [2015] NSWCATAD 50

BML v Children’s Guardian [2015] NSWCATAD 50

The Tribunal found the applicant does not pose a real and appreciable risk to the safety of children, based on the seriousness and age of the conviction, conduct since the offence, lack of subsequent offences or complaints, age at the time, the applicant's current age, psychological assessment, and the absence of evidence of further risk, and therefore made an enabling order.

Parties
Applicant: BML; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
24 March 2015
Procedural Posture
Application for Enabling Order (working With Children Check) / Final Decision
Outcome
Application granted
Legal Topics
Working With Children Check, Disqualifying Offence, Carnal Knowledge, Risk Assessment
Administrative Law Equal Opportunity Working With Children Check Disqualifying Offence Carnal Knowledge Risk Assessment

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Parties

BML

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for Enabling Order (working With Children Check) / Final Decision

Legal Issues

  1. 1 Whether the applicant should be treated as a disqualified person under the Child Protection (Working with Children) Act 2012 for a prior offence
  2. 2 Whether an enabling order should be made allowing the applicant to obtain a Working with Children Check Clearance

Ratio Decidendi

The Tribunal found the applicant does not pose a real and appreciable risk to the safety of children, based on the seriousness and age of the conviction, conduct since the offence, lack of subsequent offences or complaints, age at the time, the applicant's current age, psychological assessment, and the absence of evidence of further risk, and therefore made an enabling order.

Court Disposition

Application granted

Orders

  • The Tribunal declares that the Applicant is not to be treated as a disqualified person for purposes of the Child Protection (Working with Children) Act, 2012 in respect of the offence of 'Carnally knowing a girl between 10 and 16' found proved by the Moss Vale Court of Petty Sessions on 17 January 1980.
  • The Children's Guardian must grant the Applicant a Working with Children Check Clearance.