CEX v Children’s Guardian [2016] NSWCATAD 192

CEX v Children’s Guardian [2016] NSWCATAD 192

The applicant, despite serious historic offending, has demonstrated rehabilitation and an absence of risk factors for over 45 years, has supportive references and expert evidence assessing current risk to children as very low. The presumption of risk under the Act is rebutted, and the applicant should no longer be treated as a disqualified person for the purposes of the Act.

Parties
Applicant: CEX; Respondent: Office of the Children's Guardian
Jurisdiction
Australia
Judgment Date
26 August 2016
Procedural Posture
Application for Order (enabling Order) Under Child Protection (working With Children) Act 2012 / Final Decision at First Instance Before Tribunal
Outcome
Application granted. Applicant not to be treated as disqualified person for purposes of the Act; clearance to be granted.
Legal Topics
Working With Children Check, Disqualified Person, Risk Assessment, Indecent Assault, Statutory Presumption
Administrative Law Child Protection Equal Opportunity Working With Children Check Disqualified Person Risk Assessment Indecent Assault Statutory Presumption

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Parties

CEX

Applicant

Office of the Children's Guardian

Respondent

Procedural Posture

Application for Order (enabling Order) Under Child Protection (working With Children) Act 2012 / Final Decision at First Instance Before Tribunal

Legal Issues

  1. 1 Whether the applicant poses a risk to the safety of children for the purposes of the Child Protection (Working with Children) Act 2012
  2. 2 Whether the presumption in s7 of the Act that the applicant poses such a risk has been rebutted

Ratio Decidendi

The applicant, despite serious historic offending, has demonstrated rehabilitation and an absence of risk factors for over 45 years, has supportive references and expert evidence assessing current risk to children as very low. The presumption of risk under the Act is rebutted, and the applicant should no longer be treated as a disqualified person for the purposes of the Act.

Court Disposition

Application granted. Applicant not to be treated as disqualified person for purposes of the Act; clearance to be granted.

Orders

  • The Tribunal declares that the applicant is not to be treated as a disqualified person for purposes of the Child Protection (Working with Children) Act 2012 in respect of the index offence.
  • Pursuant to subs 28(6) of the Child Protection (Working with Children) Act 2012, the Children's Guardian is to grant the applicant a Working with Children Check Clearance.