CDT v Children’s Guardian [2016] NSWCATAD 132

CDT v Children’s Guardian [2016] NSWCATAD 132

Although the disqualifying offence was serious, the applicant's good character, absence of any misconduct for more than 56 years, lack of any further offence or complaint involving children or adults, long history working with children, and positive character evidence persuaded the Tribunal that he does not present a real and appreciable risk to the safety of any child and had satisfied the statutory onus. The Tribunal was therefore satisfied that an enabling order should be made and that the Children's Guardian should grant a Working with Children Check Clearance.

Jurisdiction
Australia
Judgment Date
14 March 2016
Procedural Posture
Application for Enabling Order Under the Child Protection (working With Children) Act 2012 Following Refusal of a Working With Children Check Clearance / Final Determination by the Civil and Administrative Tribunal of New South Wales, Administrative and Equal Opportunity Division
Outcome
Application granted; enabling order made and Working with Children Check Clearance ordered to be granted.
Legal Topics
['working With Children Check Clearance' 'disqualifying Conviction' 'enabling Order' 'risk to Safety of Children']
['administrative Law' 'child Protection' 'working With Children Check'] ['working With Children Check Clearance' 'disqualifying Conviction' 'enabling Order' 'risk to Safety of Children']

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Procedural Posture

Application for Enabling Order Under the Child Protection (working With Children) Act 2012 Following Refusal of a Working With Children Check Clearance / Final Determination by the Civil and Administrative Tribunal of New South Wales, Administrative and Equal Opportunity Division

Legal Issues

  1. 1 ['Whether the applicant should be declared not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of his conviction for assault female with act of indecency.' 'Whether the applicant proved, contrary to the statutory presumption, that he does not pose a risk to the safety of children.' "Whether the Children's Guardian must grant the applicant a Working with Children Check Clearance."]

Ratio Decidendi

Although the disqualifying offence was serious, the applicant's good character, absence of any misconduct for more than 56 years, lack of any further offence or complaint involving children or adults, long history working with children, and positive character evidence persuaded the Tribunal that he does not present a real and appreciable risk to the safety of any child and had satisfied the statutory onus. The Tribunal was therefore satisfied that an enabling order should be made and that the Children's Guardian should grant a Working with Children Check Clearance.

Court Disposition

Application granted; enabling order made and Working with Children Check Clearance ordered to be granted.

Orders

  • ['The Tribunal declares that the applicant, CDT, is not to be treated as a "disqualified person" for purposes of the Child Protection (Working with Children) Act 2012 in respect to the offence of assault with act of indecency of which he was convicted by Sydney Quarter Sessions on 26 August 1960.' "The Children's...