CMT v Children’s Guardian [2016] NSWCATAD 280

CMT v Children’s Guardian [2016] NSWCATAD 280

The Tribunal found that the applicant had not discharged the onus of rebutting the presumption that he poses a risk to the safety of children, considering the seriousness and nature of his past offences, persistent anger issues, lack of insight or remediation, and insufficient mitigating evidence. Therefore, the statutory precondition for making an enabling order was not met and the application was refused.

Jurisdiction
Australia
Judgment Date
29 November 2016
Procedural Posture
Application for Enabling Order Under Child Protection (working With Children) Act 2012 (nsw) / Final Hearing and Decision
Outcome
Application refused and dismissed.
Legal Topics
['working With Children Check' 'enabling Order' 'disqualifying Offence' 'risk Assessment' 'onus of Proof']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'enabling Order' 'disqualifying Offence' 'risk Assessment' 'onus of Proof']

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Procedural Posture

Application for Enabling Order Under Child Protection (working With Children) Act 2012 (nsw) / Final Hearing and Decision

Legal Issues

  1. 1 ['Whether the applicant has rebutted the presumption that he poses a risk to the safety of children under s 28(7) of the Child Protection (Working with Children) Act 2012 (NSW)' 'Whether an enabling order should be granted under s 28 of the Act']

Ratio Decidendi

The Tribunal found that the applicant had not discharged the onus of rebutting the presumption that he poses a risk to the safety of children, considering the seriousness and nature of his past offences, persistent anger issues, lack of insight or remediation, and insufficient mitigating evidence. Therefore, the statutory precondition for making an enabling order was not met and the application was refused.

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 31 March 2016 is refused and dismissed.']