CLQ v Children’s Guardian [2016] NSWCATAD 213

CLQ v Children’s Guardian [2016] NSWCATAD 213

The applicant failed to rebut the statutory presumption that he poses a real and appreciable risk to the safety of children. Although the disqualifying offences were historical and the applicant had put supports and treatment in place, the offences involved vulnerable male juveniles, later conduct of concern was identified, the applicant's evidence about the offences was inconsistent, vague and evasive, and the Tribunal was not satisfied that he demonstrated sufficient insight and awareness into his offending conduct to establish a low likelihood of repetition. A clearance would enable work in any child-related work or role, not only kitchen work at the … Chapel.

Jurisdiction
Australia
Judgment Date
21 September 2016
Procedural Posture
Application for an Enabling Order Under Section 28 of the Child Protection (working With Children) Act 2012 (nsw) After Refusal of a Working With Children Check Clearance / Hearing in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales
Outcome
The applicant's application for an enabling order was refused.
Legal Topics
['working With Children Check Clearance' 'disqualified Person' 'disqualifying Offences' 'statutory Presumption of Risk to the Safety of Children' 'enabling Order']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'disqualified Person' 'disqualifying Offences' 'statutory Presumption of Risk to the Safety of Children' 'enabling Order']

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Procedural Posture

Application for an Enabling Order Under Section 28 of the Child Protection (working With Children) Act 2012 (nsw) After Refusal of a Working With Children Check Clearance / Hearing in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether the applicant proved, contrary to the statutory presumption in section 28(7) of the Child Protection (Working with Children) Act 2012 (NSW), that he does not pose a risk to the safety of children.' 'Whether the Tribunal should make an enabling order declaring that the applicant not be treated as a disqualified person so that he can be granted a Working with Children Check clearance.']

Ratio Decidendi

The applicant failed to rebut the statutory presumption that he poses a real and appreciable risk to the safety of children. Although the disqualifying offences were historical and the applicant had put supports and treatment in place, the offences involved vulnerable male juveniles, later conduct of concern was identified, the applicant's evidence about the offences was inconsistent, vague and evasive, and the Tribunal was not satisfied that he demonstrated sufficient insight and awareness into his offending conduct to establish a low likelihood of repetition. A clearance would enable work in any child-related work or role, not only kitchen work at the … Chapel.

Court Disposition

The applicant's application for an enabling order was refused.

Orders

  • ["The applicant's application for an enabling order is refused." 'Restriction against the publication or broadcast of information that will identify the applicant, any victims, witnesses or evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons.']