BPG v Children’s Guardian [2015] NSWCATAD 157

BPG v Children’s Guardian [2015] NSWCATAD 157

Having regard to the seriousness but particular circumstances of the 1978 disqualifying offence, the 37-year passage of time, the applicant's age and conduct since the offence, the nature of his total criminal record, the evidence about his long marriage to the victim and family life, the character and employment material, and all matters required by section 30(1) of the Child Protection (Working with Children) Act 2012, the Tribunal was satisfied that the applicant does not pose a real and appreciable risk to the safety of children and should not be treated as a disqualified person.

Jurisdiction
Australia
Judgment Date
31 July 2015
Procedural Posture
Application Under Section 28 of the Child Protection (working With Children) Act 2012 for an Order That the Applicant Not Be Treated as a Disqualified Person and for a Working With Children Check Clearance / Determination After Hearing
Outcome
Application granted; applicant declared not to be treated as a disqualified person and Children's Guardian directed to grant a Working with Children Check Clearance.
Legal Topics
['working With Children Check Clearance' 'disqualified Person' 'real and Appreciable Risk to the Safety of Children' 'safety, Welfare and Well Being of Children']
['child Protection' 'administrative Law'] ['working With Children Check Clearance' 'disqualified Person' 'real and Appreciable Risk to the Safety of Children' 'safety, Welfare and Well Being of Children']

Case Brief

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Procedural Posture

Application Under Section 28 of the Child Protection (working With Children) Act 2012 for an Order That the Applicant Not Be Treated as a Disqualified Person and for a Working With Children Check Clearance / Determination After Hearing

Legal Issues

  1. 1 ['Whether the applicant should be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 despite his 1978 conviction for carnal knowledge.' 'Whether the applicant poses a real and appreciable risk to the safety of children.']

Ratio Decidendi

Having regard to the seriousness but particular circumstances of the 1978 disqualifying offence, the 37-year passage of time, the applicant's age and conduct since the offence, the nature of his total criminal record, the evidence about his long marriage to the victim and family life, the character and employment material, and all matters required by section 30(1) of the Child Protection (Working with Children) Act 2012, the Tribunal was satisfied that the applicant does not pose a real and appreciable risk to the safety of children and should not be treated as a disqualified person.

Court Disposition

Application granted; applicant declared not to be treated as a disqualified person and Children's Guardian directed to grant a Working with Children Check Clearance.

Orders

  • ['The Tribunal declares that the applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 for the offence of Carnal Knowledge for which he was convicted in 1978.' "Pursuant to section 28 (6) of the Child protection (Working with Children) Act...