CK v Commission for Children and Young People [2009] NSWADT 39

CK v Commission for Children and Young People [2009] NSWADT 39

Although the applicant had favourable factors including age, passage of time, no later relevant offending, community service and an expert assessment of low risk, the seriousness of the incest offences against his 16 year old daughter, his maturity and caregiving role at the time, the likely eight month duration of the sexual relationship, and Dr Lennings' view that he should not mentor or isolate himself with a young person meant the Tribunal was not satisfied that he had rebutted the presumption that he posed a real and appreciable risk to children. Because there was insufficient evidence from the rural fire service or brigade office bearers to determine whether workable conditions...

Jurisdiction
Australia
Judgment Date
25 February 2009
Procedural Posture
Application for a Declaration Under Section 33 I of the Commission for Children and Young People Act 1998 That the Applicant Is Not a Prohibited Person / Final Decision in the Community Services Division After Hearing; Respondent Opposed the Application
Outcome
Application dismissed
Legal Topics
['prohibited Person Declaration' 'child Related Employment' 'risk to Safety of Children' 'rural Fire Service Volunteering' 'sexual Offences Against a Child']
['administrative Law' 'child Protection' 'employment Screening'] ['prohibited Person Declaration' 'child Related Employment' 'risk to Safety of Children' 'rural Fire Service Volunteering' 'sexual Offences Against a Child']

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 for a Declaration Under Section 33 I of the Commission for Children and Young People Act 1998 That the Applicant Is Not a Prohibited Person / Final Decision in the Community Services Division After Hearing; Respondent Opposed the Application

Legal Issues

  1. 1 ['Whether the applicant should be granted a declaration under section 33I of the Commission for Children and Young People Act 1998' 'Whether the applicant had rebutted the statutory presumption that he poses a risk to the safety of children' 'Whether conditions could be imposed to reduce any risk below a real and appreciable risk' "Whether the applicant's proposed role as deputy captain in a local rural fire brigade was child related employment"]

Ratio Decidendi

Although the applicant had favourable factors including age, passage of time, no later relevant offending, community service and an expert assessment of low risk, the seriousness of the incest offences against his 16 year old daughter, his maturity and caregiving role at the time, the likely eight month duration of the sexual relationship, and Dr Lennings' view that he should not mentor or isolate himself with a young person meant the Tribunal was not satisfied that he had rebutted the presumption that he posed a real and appreciable risk to children. Because there was insufficient evidence from the rural fire service or brigade office bearers to determine whether workable conditions...

Court Disposition

Application dismissed

Orders

  • ['Application is dismissed']