BPQ v Children’s Guardian [2015] NSWCATAD 148

BPQ v Children’s Guardian [2015] NSWCATAD 148

Although the disqualifying offence was serious and involved a vulnerable child placed under pressure by adult males, the offence occurred 30 years earlier when the applicant was 19, he had no similar offending or relevant complaints since, he accepted responsibility and showed remorse, and Dr Baron's clinical assessment and psychometric testing supported the conclusion that he did not pose any appreciable risk to the safety of children. The applicant therefore displaced the presumption in section 28(7) and established that he did not pose a real and appreciable risk to the safety of children.

Jurisdiction
Australia
Judgment Date
14 July 2015
Procedural Posture
Application for an Enabling Order and Working With Children Check Clearance Under the Child Protection (working With Children) Act 2012 (nsw) / Administrative Review Hearing Before the NSW Civil and Administrative Tribunal
Outcome
Application granted.
Legal Topics
['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'risk to the Safety of Children' 'assessment of Risk']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'risk to the Safety of Children' 'assessment of Risk']

Case Brief

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Procedural Posture

Application for an Enabling Order and Working With Children Check Clearance Under the Child Protection (working With Children) Act 2012 (nsw) / Administrative Review Hearing Before the NSW Civil and Administrative Tribunal

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 (NSW) in respect of his 1985 conviction.' 'Whether the applicant had displaced the statutory presumption that he poses a risk to the safety of children.' "Whether the Children's Guardian should be ordered to grant the applicant a working with children check clearance."]

Ratio Decidendi

Although the disqualifying offence was serious and involved a vulnerable child placed under pressure by adult males, the offence occurred 30 years earlier when the applicant was 19, he had no similar offending or relevant complaints since, he accepted responsibility and showed remorse, and Dr Baron's clinical assessment and psychometric testing supported the conclusion that he did not pose any appreciable risk to the safety of children. The applicant therefore displaced the presumption in section 28(7) and established that he did not pose a real and appreciable risk to the safety of children.

Court Disposition

Application granted.

Orders

  • ['The applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of a conviction on 6 May 1985 in the Melbourne County Court under section 48(1) of the Crimes Act 1958 (VIC).' "The Children's Guardian grant the applicant a working with...