CLB v Children's Guardian [2016] NSWCATAD 311

CLB v Children's Guardian [2016] NSWCATAD 311

The Tribunal refused the application because CLB did not overcome the statutory presumption that he posed a risk to the safety of children. The Tribunal found the disqualifying offence was very serious, involved exploitation of a 14 year old child for sex and child pornography, and that CLB had not demonstrated sufficient insight, empathy or honesty. It also found further relevant conduct involving a 15 year old, dishonesty, serious driving conduct, and deficiencies in the psychologist's risk assessment. The Tribunal concluded that the risks of further sexual assault on a child, physical injury to a child from use of a motor vehicle, and psychological or emotional injury to children from...

Jurisdiction
Australia
Judgment Date
14 October 2016
Procedural Posture
Application for Enabling Orders Under the Child Protection (working With Children) Act 2012 Following Refusal of a Working With Children Check Clearance / Final Determination After Hearing
Outcome
Application refused and dismissed.
Legal Topics
['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'possession of Child Abuse Material' 'risk to the Safety of Children' 'paramount Consideration of Safety, Welfare and Well Being of Children']
['administrative Law' 'child Protection' 'working With Children Checks' 'criminal Law'] ['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'possession of Child Abuse Material' 'risk to the Safety of Children' 'paramount Consideration of Safety, Welfare and Well Being of Children']

Case Brief

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Procedural Posture

Application for Enabling Orders Under the Child Protection (working With Children) Act 2012 Following Refusal of a Working With Children Check Clearance / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether the Tribunal should make an enabling order declaring that CLB was not to be treated as a disqualified person for the purposes of the Child Protection (Working With Children) Act 2012 in respect of the offence under s 91H of the Crimes Act 1900.' 'Whether CLB proved, contrary to the statutory presumption, that he did not pose a risk to the safety of children.' 'Whether a reasonable person would allow his or her child to have direct contact with CLB not directly supervised while CLB was engaged in child-related work and whether it was in the public interest to make the order.']

Ratio Decidendi

The Tribunal refused the application because CLB did not overcome the statutory presumption that he posed a risk to the safety of children. The Tribunal found the disqualifying offence was very serious, involved exploitation of a 14 year old child for sex and child pornography, and that CLB had not demonstrated sufficient insight, empathy or honesty. It also found further relevant conduct involving a 15 year old, dishonesty, serious driving conduct, and deficiencies in the psychologist's risk assessment. The Tribunal concluded that the risks of further sexual assault on a child, physical injury to a child from use of a motor vehicle, and psychological or emotional injury to children from...

Court Disposition

Application refused and dismissed.

Orders

  • ['Application for enabling orders is refused and dismissed.' 'Broadcast or publication of the name or other identifying information in respect to any person referred to in these reasons other than by his or her name, without the leave of the Tribunal, is prohibited.']