CBK v Children’s Guardian [2016] NSWCATAD 123

CBK v Children’s Guardian [2016] NSWCATAD 123

The applicant has not discharged the presumption that he does not pose a real and appreciable risk to children. Given the conviction for indecent assault, minimisation of conduct, lack of full disclosure, absence of insight and remorse, and evidence provided, the Tribunal is not satisfied the applicant does not pose a risk, and therefore refuses the enabling order under section 28.

Jurisdiction
Australia
Judgment Date
20 June 2016
Procedural Posture
Administrative Review / Enabling Order Application / Final Determination
Outcome
Application for enabling order refused
Legal Topics
['working With Children Check' 'risk to Children' 'enabling Orders' 'disqualified Persons' 'tribunal Review' 'burden of Proof']
['child Protection' 'administrative Law' 'equal Opportunity Law'] ['working With Children Check' 'risk to Children' 'enabling Orders' 'disqualified Persons' 'tribunal Review' 'burden of Proof']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review / Enabling Order Application / Final Determination

Legal Issues

  1. 1 ['Should the applicant, a disqualified person due to conviction for indecent assault, be granted an enabling order under s 28 of the Child Protection (Working with Children) Act 2012?' 'Does the applicant pose a real and appreciable risk to the safety of children as contemplated by the Act?']

Ratio Decidendi

The applicant has not discharged the presumption that he does not pose a real and appreciable risk to children. Given the conviction for indecent assault, minimisation of conduct, lack of full disclosure, absence of insight and remorse, and evidence provided, the Tribunal is not satisfied the applicant does not pose a risk, and therefore refuses the enabling order under section 28.

Court Disposition

Application for enabling order refused

Orders

  • ["The applicant's application for an enabling order is refused."]