BQR v Children’s Guardian [2024] NSWCATAD 248

BQR v Children’s Guardian [2024] NSWCATAD 248

The applicant did not discharge the onus of proving he does not pose a real and appreciable risk to the safety of children, due to both the nature of his past disqualifying offences and his repeated non-compliance with the Act, including teaching children without a clearance, lack of candour, and lack of insight into his conduct and obligations.

Jurisdiction
Australia
Judgment Date
23 August 2024
Procedural Posture
Application for Enabling Order / Final Decision
Outcome
Application refused
Legal Topics
['working With Children Check' 'enabling Order' 'disqualified Persons' 'risk to Children' 'tribunal Review']
['administrative Law' 'child Protection Law'] ['working With Children Check' 'enabling Order' 'disqualified Persons' 'risk to Children' 'tribunal Review']

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Procedural Posture

Application for Enabling Order / Final Decision

Legal Issues

  1. 1 ['Whether the applicant has discharged the onus to rebut the statutory presumption that he poses a risk to the safety of children' 'Whether an enabling order should be granted under s 28 of the Child Protection (Working with Children) Act 2012']

Ratio Decidendi

The applicant did not discharge the onus of proving he does not pose a real and appreciable risk to the safety of children, due to both the nature of his past disqualifying offences and his repeated non-compliance with the Act, including teaching children without a clearance, lack of candour, and lack of insight into his conduct and obligations.

Court Disposition

Application refused

Orders

  • ['The application for an enabling order under s 28 of the Child Protection (Working with Children) Act 2012 is refused.']