CLK v Children's Guardian [2016] NSWCATAD 183

CLK v Children's Guardian [2016] NSWCATAD 183

The applicant has not discharged the onus to prove that he does not pose a risk to the safety of children, as required by section 28(7) of the Child Protection (Working with Children) Act 2012 (NSW). The evidence shows a real and appreciable risk of harm to children if the applicant repeats his unacceptable behaviour, and insufficient mitigating factors have been established.

Jurisdiction
Australia
Judgment Date
16 August 2016
Procedural Posture
Application for an Enabling Order Under S28 Child Protection (working With Children) Act 2012 (nsw) / Final Determination
Outcome
Application refused and dismissed.
Legal Topics
['working With Children Check' 'child Protection' 'enabling Order' 'assessment of Risk' 'disqualified Person']
['administrative Law'] ['working With Children Check' 'child Protection' 'enabling Order' 'assessment of Risk' 'disqualified Person']

Case Brief

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Procedural Posture

Application for an Enabling Order Under S28 Child Protection (working With Children) Act 2012 (nsw) / Final Determination

Legal Issues

  1. 1 ['Whether the applicant has discharged the onus under section 28(7) of the Child Protection (Working with Children) Act 2012 (NSW) to prove he is not a risk to the safety of children.' 'Whether there is sufficient evidence to rebut the presumption that he poses a risk to the safety of children.' 'Application of mandatory considerations under section 30 of the Act.']

Ratio Decidendi

The applicant has not discharged the onus to prove that he does not pose a risk to the safety of children, as required by section 28(7) of the Child Protection (Working with Children) Act 2012 (NSW). The evidence shows a real and appreciable risk of harm to children if the applicant repeats his unacceptable behaviour, and insufficient mitigating factors have been established.

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 22 February 2016 is refused and dismissed.']