CFT v Children's Guardian (No 2) [2016] NSWCATAD 221

CFT v Children's Guardian (No 2) [2016] NSWCATAD 221

The applicant was presumed by section 28(7) of the Child Protection (Working with Children) Act 2012 (NSW) to pose a risk to the safety of children and did not rebut that presumption on the balance of probabilities. The murder offence was extremely serious, planned, cold-blooded and violent; the applicant had not genuinely accepted responsibility or shown genuine remorse; the psychological evidence did not adequately explain or address the causes of the offending; his release on parole was recent and conditional; and an enabling order or clearance could not be limited by conditions. Considering all section 30 factors, there remained a real and appreciable risk of harm to children if the...

Jurisdiction
Australia
Judgment Date
06 October 2016
Procedural Posture
Application for an Enabling Order Under Section 28 of the Child Protection (working With Children) Act 2012 (nsw) / Decision After Hearing in the Administrative and Equal Opportunity Division
Outcome
Application refused and dismissed.
Legal Topics
['enabling Order' 'disqualified Person' 'assessment of Risk to Children' 'murder Conviction' 'onus of Proof' 'tribunal Not Bound by Rules of Evidence']
['administrative Law' 'child Protection' 'working With Children Checks'] ['enabling Order' 'disqualified Person' 'assessment of Risk to Children' 'murder Conviction' 'onus of Proof' 'tribunal Not Bound by Rules of Evidence']

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Procedural Posture

Application for an Enabling Order Under Section 28 of the Child Protection (working With Children) Act 2012 (nsw) / Decision After Hearing in the Administrative and Equal Opportunity Division

Legal Issues

  1. 1 ['Whether the applicant had discharged the onus under section 28(7) of the Child Protection (Working with Children) Act 2012 (NSW) to prove that he does not pose a risk to the safety of children.' 'Whether an enabling order should be made so that the applicant is not treated as a disqualified person for the purposes of the Act.' "How the seriousness of the applicant's murder conviction, his conduct since the offence, parole status, remorse, psychological evidence and risk of repetition should be assessed under section 30 of the Act."]

Ratio Decidendi

The applicant was presumed by section 28(7) of the Child Protection (Working with Children) Act 2012 (NSW) to pose a risk to the safety of children and did not rebut that presumption on the balance of probabilities. The murder offence was extremely serious, planned, cold-blooded and violent; the applicant had not genuinely accepted responsibility or shown genuine remorse; the psychological evidence did not adequately explain or address the causes of the offending; his release on parole was recent and conditional; and an enabling order or clearance could not be limited by conditions. Considering all section 30 factors, there remained a real and appreciable risk of harm to children if the...

Court Disposition

Application refused and dismissed.

Orders

  • ['The application for an enabling order under section 28 Child Protection (Working with Children) Act 2012 (NSW) filed 30 October 2015 is refused and dismissed.']