CBG v Children's Guardian [2015] NSWCATAD 274

CBG v Children's Guardian [2015] NSWCATAD 274

The applicant, having been convicted of multiple serious offences of indecent assault against his 10- and 11-year-old daughter, failed to provide sufficient evidence to rebut the statutory presumption that he poses a risk to the safety of children; therefore, the decision to refuse a Working with Children Check clearance must be affirmed and the application for an enabling order refused.

Jurisdiction
Australia
Judgment Date
24 December 2015
Procedural Posture
Administrative Review / Final Decision
Outcome
Decision affirmed, application refused and dismissed
Legal Topics
['working With Children Check' 'enabling Order' 'risk Assessment' 'disqualification for Child Related Work']
['administrative Law' 'child Protection Law'] ['working With Children Check' 'enabling Order' 'risk Assessment' 'disqualification for Child Related Work']

Case Brief

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Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ['Whether the applicant has rebutted the statutory presumption of risk to the safety of children under section 28(7) of the Child Protection (Working with Children) Act 2012 (NSW)' 'Whether the applicant should be granted an enabling order permitting a Working with Children Check clearance despite convictions for serious child-related offences']

Ratio Decidendi

The applicant, having been convicted of multiple serious offences of indecent assault against his 10- and 11-year-old daughter, failed to provide sufficient evidence to rebut the statutory presumption that he poses a risk to the safety of children; therefore, the decision to refuse a Working with Children Check clearance must be affirmed and the application for an enabling order refused.

Court Disposition

Decision affirmed, application refused and dismissed

Orders

  • ["The decision of the Children's Guardian dated 22 May 2015 to refuse to grant the applicant a Working with Children Check clearance is affirmed." "The application for review of the decision of the Children's Guardian and for an enabling order filed 16 June 2015 is otherwise refused and dismissed."]