BPT v Children’s Guardian [2015] NSWCATAD 134

BPT v Children’s Guardian [2015] NSWCATAD 134

BPT failed to discharge the statutory onus of proving that he does not pose a risk to children. The Tribunal found that his criminal history included a serious sexual offence and a separate act of wilful exposure involving children, that he was not candid regarding his conduct or alcohol consumption, and that his failure to fully disclose material circumstances undermined the reliability of his risk assessment. Consequently, he remained presumed to be a risk under the Act and the application must be dismissed.

Parties
Applicant: BPT; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
30 June 2015
Procedural Posture
Application for Enabling Order Under S 28(1) Child Protection (working With Children) Act 2012 / Final Decision After Hearing
Outcome
Application dismissed
Legal Topics
Working With Children Check Clearance, Enabling Order for Disqualified Persons, Risk Assessment for Child Safety
Child Protection Administrative Law Working With Children Check Clearance Enabling Order for Disqualified Persons Risk Assessment for Child Safety

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Parties

BPT

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for Enabling Order Under S 28(1) Child Protection (working With Children) Act 2012 / Final Decision After Hearing

Legal Issues

  1. 1 Whether the applicant (BPT) has disproved the presumption that he poses a risk to children under s 28(7) of the Child Protection (Working with Children) Act 2012
  2. 2 Whether an enabling order should be made permitting BPT to obtain a working with children clearance despite being a disqualified person

Ratio Decidendi

BPT failed to discharge the statutory onus of proving that he does not pose a risk to children. The Tribunal found that his criminal history included a serious sexual offence and a separate act of wilful exposure involving children, that he was not candid regarding his conduct or alcohol consumption, and that his failure to fully disclose material circumstances undermined the reliability of his risk assessment. Consequently, he remained presumed to be a risk under the Act and the application must be dismissed.

Court Disposition

Application dismissed

Orders

  • BPT's application for an enabling order under s 28(1) of the Child Protection (Working with Children) Act 2012 is dismissed.