BMP v Children’s Guardian [2015] NSWCATAD 201

BMP v Children’s Guardian [2015] NSWCATAD 201

The applicant failed to displace the statutory presumption that he posed a risk to the safety of children. The Tribunal found extensive minimisation, denial and lack of remorse, with the applicant not genuinely recognising the children depicted as victims and failing to undertake genuine therapeutic intervention. The totality of the evidence did not satisfy the Tribunal that no real and appreciable risk to children existed, and the application for enabling orders was refused.

Parties
Applicant: BMP; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
02 October 2015
Procedural Posture
Administrative Law / Application for Enabling Order (working With Children) / Final Merits Hearing and Decision
Outcome
Application for enabling orders refused and dismissed; non-publication order made.
Legal Topics
Working With Children Clearance, Enabling Orders, Child Pornography Convictions, Risk to Safety of Children
Administrative Law Child Protection Employment Law Working With Children Clearance Enabling Orders Child Pornography Convictions Risk to Safety of Children

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Parties

BMP

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Law / Application for Enabling Order (working With Children) / Final Merits Hearing and Decision

Legal Issues

  1. 1 Whether the applicant should be granted an enabling order permitting a Working With Children Check Clearance despite disqualifying convictions for child pornography possession
  2. 2 Whether the applicant poses a risk to the safety of children

Ratio Decidendi

The applicant failed to displace the statutory presumption that he posed a risk to the safety of children. The Tribunal found extensive minimisation, denial and lack of remorse, with the applicant not genuinely recognising the children depicted as victims and failing to undertake genuine therapeutic intervention. The totality of the evidence did not satisfy the Tribunal that no real and appreciable risk to children existed, and the application for enabling orders was refused.

Court Disposition

Application for enabling orders refused and dismissed; non-publication order made.

Orders

  • The application by the Applicant for enabling orders filed 29 September 2014 is refused and dismissed.
  • Publication or broadcasting of the name or other identifying information of the Applicant or any witness is prohibited.