CQU v Children’s Guardian [2017] NSWCATAD 171

CQU v Children’s Guardian [2017] NSWCATAD 171

The Tribunal determined that the applicant had not discharged his statutory onus under s 28(7) of the Child Protection (Working with Children) Act 2012 (NSW) to prove he does not pose a real and appreciable risk to the safety of children. This conclusion was based on the serious, sustained nature of the offences, the limited insight demonstrated by the applicant into his behaviour and potential harm to children, and inadequate evidence that he possesses the necessary protective skills at this time, notwithstanding his rehabilitation efforts and remorse.

Parties
Applicant: CQU; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
31 May 2017
Procedural Posture
Application for Enabling Order Under Child Protection (working With Children) Act 2012 (nsw) / Final Determination of Application
Outcome
Application for enabling order dismissed.
Legal Topics
Working With Children Check Clearance, Enabling Order for Disqualified Person, Risk Assessment for Child Safety, Statutory Presumption of Risk to Children
Administrative Law Child Protection Equality Law Working With Children Check Clearance Enabling Order for Disqualified Person Risk Assessment for Child Safety Statutory Presumption of Risk to Children

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Parties

CQU

Applicant

Children's Guardian

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant, a 'disqualified person' due to findings of guilt under s 91L Crimes Act 1900 (NSW), has rebutted the statutory presumption that he poses a risk to the safety of children under s 28(7) Child Protection (Working with Children) Act 2012 (NSW)

Ratio Decidendi

The Tribunal determined that the applicant had not discharged his statutory onus under s 28(7) of the Child Protection (Working with Children) Act 2012 (NSW) to prove he does not pose a real and appreciable risk to the safety of children. This conclusion was based on the serious, sustained nature of the offences, the limited insight demonstrated by the applicant into his behaviour and potential harm to children, and inadequate evidence that he possesses the necessary protective skills at this time, notwithstanding his rehabilitation efforts and remorse.

Court Disposition

Application for enabling order dismissed.

Orders

  • The applicant's application for an enabling order is dismissed.