CGS v Children’s Guardian [2024] NSWCATAD 10

CGS v Children’s Guardian [2024] NSWCATAD 10

The applicant has discharged the onus of rebutting the statutory presumption that he poses a risk to the safety of children; the offences, while serious, were committed decades ago, none targeted children, and the applicant has demonstrated substantial and sustained rehabilitation and remorse, such that there is no real and appreciable risk of harm to children; an enabling order under s 28 is appropriate.

Jurisdiction
Australia
Judgment Date
10 January 2024
Procedural Posture
Application for Enabling Order Under Child Protection (working With Children) Act 2012 (nsw) / Final Judgment and Orders
Outcome
Application granted; enabling order made
Legal Topics
['working With Children Check' 'risk Assessment' 'administrative Review' 'criminal Record and Rehabilitation' 'protective Jurisdiction']
['administrative Law' 'equal Opportunity Law' 'child Protection Law'] ['working With Children Check' 'risk Assessment' 'administrative Review' 'criminal Record and Rehabilitation' 'protective Jurisdiction']

Case Brief

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Procedural Posture

Application for Enabling Order Under Child Protection (working With Children) Act 2012 (nsw) / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety, welfare or wellbeing of children for the purposes of the Child Protection (Working with Children) Act 2012 (NSW)' "Whether the applicant should be granted an enabling order under s 28 of the Act so as not to be treated as a 'disqualified person'" 'Assessment of the seriousness and relevance of past offences in evaluating risk to children']

Ratio Decidendi

The applicant has discharged the onus of rebutting the statutory presumption that he poses a risk to the safety of children; the offences, while serious, were committed decades ago, none targeted children, and the applicant has demonstrated substantial and sustained rehabilitation and remorse, such that there is no real and appreciable risk of harm to children; an enabling order under s 28 is appropriate.

Court Disposition

Application granted; enabling order made

Orders

  • ['The Tribunal declares that the applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 (NSW) in respect of the following offences: (a) Indecent assault, of which the applicant was convicted on 21 November 1977; (b) Indecent assault, of which...