CHI v Children’s Guardian [2017] NSWCATAD 237

CHI v Children’s Guardian [2017] NSWCATAD 237

The applicant did not discharge the statutory onus of proving that he is not a risk to the safety of children. His disqualifying offences were serious indecent acts against vulnerable children in family relationships of trust, he minimised aspects of his conduct and its impact, did not show sufficient insight into his offending, and had not taken sufficient steps such as treatment or counselling to mitigate the risk of further offending. Because the Act is protective and child safety is paramount, the Tribunal concluded that there was a real and appreciable risk of harm to children if the conduct were repeated and refused the enabling order.

Jurisdiction
Australia
Judgment Date
01 August 2017
Procedural Posture
Administrative Review Application for an Enabling Order Under S 28 of the Child Protection (working With Children) Act 2012 (nsw) / Final Determination After Hearing
Outcome
The applicant's application for an enabling order is dismissed.
Legal Topics
['enabling Order' 'disqualified Person' 'disqualifying Offences' 'risk to the Safety of Children' 'paramount Consideration of Child Safety']
['administrative Law' 'child Protection' 'working With Children Check'] ['enabling Order' 'disqualified Person' 'disqualifying Offences' 'risk to the Safety of Children' 'paramount Consideration of Child Safety']

Case Brief

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Procedural Posture

Administrative Review Application for an Enabling Order Under S 28 of the Child Protection (working With Children) Act 2012 (nsw) / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether the applicant established, on the balance of probabilities, that he does not pose a risk to the safety of children.' 'Whether an enabling order should be made declaring that the applicant not be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 (NSW).']

Ratio Decidendi

The applicant did not discharge the statutory onus of proving that he is not a risk to the safety of children. His disqualifying offences were serious indecent acts against vulnerable children in family relationships of trust, he minimised aspects of his conduct and its impact, did not show sufficient insight into his offending, and had not taken sufficient steps such as treatment or counselling to mitigate the risk of further offending. Because the Act is protective and child safety is paramount, the Tribunal concluded that there was a real and appreciable risk of harm to children if the conduct were repeated and refused the enabling order.

Court Disposition

The applicant's application for an enabling order is dismissed.

Orders

  • ["The applicant's application for an enabling order is dismissed."]