BVK v Children’s Guardian [2016] NSWCATAD 94

BVK v Children’s Guardian [2016] NSWCATAD 94

The evidence does not establish that the applicant poses a real and appreciable risk to the safety of children, considering the significant passage of time since the offence, lack of other relevant offending, psychological evidence of low risk, and the circumstances of the original conviction. Therefore, the applicant should not be treated as a disqualified person for the purposes of the Act and should be granted a Working with Children Check Clearance.

Parties
Applicant: BVK; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
16 May 2016
Procedural Posture
Administrative Review / Hearing and Decision
Outcome
Enabling order granted; applicant not to be treated as disqualified person; clearance to be granted.
Legal Topics
Working With Children Check, Risk Assessment, Disqualification, Review of Administrative Decision
Administrative Law Child Protection Working With Children Check Risk Assessment Disqualification Review of Administrative Decision

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Parties

BVK

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Hearing and Decision

Legal Issues

  1. 1 Whether the applicant should be granted an enabling order under section 28 of the Child Protection (Working with Children) Act 2012
  2. 2 Whether the applicant poses a real and appreciable risk to the safety of children due to his 1981 conviction

Ratio Decidendi

The evidence does not establish that the applicant poses a real and appreciable risk to the safety of children, considering the significant passage of time since the offence, lack of other relevant offending, psychological evidence of low risk, and the circumstances of the original conviction. Therefore, the applicant should not be treated as a disqualified person for the purposes of the Act and should be granted a Working with Children Check Clearance.

Court Disposition

Enabling order granted; applicant not to be treated as disqualified person; clearance to be granted.

Orders

  • Pursuant to section 28(1) of the Child Protection (Working with Children) Act 2012, the applicant is not to be treated as a disqualified person in respect of his 1981 conviction.
  • Pursuant to section 28(6), the Children's Guardian is to grant the applicant a Working with Children Check Clearance.