CFC V Children's Guardian [2016] NSWCATAD 127

CFC V Children's Guardian [2016] NSWCATAD 127

Given the nature and circumstances of the 1983 offence, the applicant’s good conduct since, unblemished record, demonstration of good character, absence of further incidents, and unopposed application, the applicant does not pose a real and appreciable risk to the safety of children and should not be treated as a disqualified person.

Jurisdiction
Australia
Judgment Date
31 March 2016
Procedural Posture
Application Under the Child Protection (working With Children) Act 2012 / Hearing and Decision on Enabling Application
Outcome
Application allowed. Enabling orders made.
Legal Topics
['working With Children Check' 'disqualification From Child Related Work' 'enabling Order' 'child Safety Risk Assessment']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'disqualification From Child Related Work' 'enabling Order' 'child Safety Risk Assessment']

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

Application Under the Child Protection (working With Children) Act 2012 / Hearing and Decision on Enabling Application

Legal Issues

  1. 1 ['Whether the applicant should be treated as a disqualified person under the Child Protection (Working with Children) Act 2012 given a finding of an offence under section 43 of the Crimes Act 1900 without conviction in 1983' 'Whether the applicant poses a risk to the safety of children for the purposes of the Act']

Ratio Decidendi

Given the nature and circumstances of the 1983 offence, the applicant’s good conduct since, unblemished record, demonstration of good character, absence of further incidents, and unopposed application, the applicant does not pose a real and appreciable risk to the safety of children and should not be treated as a disqualified person.

Court Disposition

Application allowed. Enabling orders made.

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 to the offence under Section 43 of the Crimes Act 1900 of 'Exposed Child Under 2 years' of which she was found proved without proceeding to a...