CFE v Children’s Guardian [2016] NSWCATAD 135

CFE v Children’s Guardian [2016] NSWCATAD 135

The Tribunal found that, on the evidence, although the applicant committed a disqualifying offence under s91L of the Crimes Act 1900, the offending involved an adult victim, and comprehensive psychiatric and psychological evidence established that the applicant poses no greater risk to children than a member of the general community and thus has rebutted the statutory presumption of risk. Accordingly, the applicant should not be treated as a disqualified person, and the Children's Guardian is to grant a working with children check clearance.

Jurisdiction
Australia
Judgment Date
05 July 2016
Procedural Posture
Review of Administrative Determination / Final Determination
Outcome
Enabling order made for applicant; applicant not to be treated as a disqualified person; clearance to be granted.
Legal Topics
['working With Children Check' 'disqualified Person' 'risk Assessment' 'enabling Order']
['administrative Law' 'child Protection'] ['working With Children Check' 'disqualified Person' 'risk Assessment' 'enabling Order']

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

Review of Administrative Determination / Final Determination

Legal Issues

  1. 1 ["Whether the applicant should be declared not to be a disqualified person under the Child Protection (Working with Children) Act 2012 in respect of a conviction for filming a person's private parts without consent contrary to s91L of the Crimes Act 1900" 'Whether the applicant has discharged the onus to rebut the statutory presumption of risk to the safety of children']

Ratio Decidendi

The Tribunal found that, on the evidence, although the applicant committed a disqualifying offence under s91L of the Crimes Act 1900, the offending involved an adult victim, and comprehensive psychiatric and psychological evidence established that the applicant poses no greater risk to children than a member of the general community and thus has rebutted the statutory presumption of risk. Accordingly, the applicant should not be treated as a disqualified person, and the Children's Guardian is to grant a working with children check clearance.

Court Disposition

Enabling order made for applicant; applicant not to be treated as a disqualified person; clearance to be granted.

Orders

  • ['The Tribunal declares the applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of his 2013 conviction under s91L of the Crimes Act 1900.' "Pursuant to s 28(6) of the Child Protection (Working with Children) Act 2012, the...