CRG v Children’s Guardian [2017] NSWCATAD 295

CRG v Children’s Guardian [2017] NSWCATAD 295

The applicant proved that he did not pose a real and appreciable risk to children. The disqualifying indecent assault was serious but involved an adult victim, occurred in circumstances of excessive alcohol consumption, anti-depressant medication and relationship stress, and did not indicate risk to children. The Tribunal accepted the applicant's remorse, insight, changed alcohol use, counselling, absence of further offending, absence of complaints in his employment and rugby coaching roles, and Dr Smith's opinion that he did not pose a real and appreciable risk to children. The Tribunal was also satisfied that a reasonable person with knowledge of the material would allow direct...

Jurisdiction
Australia
Judgment Date
05 October 2017
Procedural Posture
Application for an Enabling Order Under the Child Protection (working With Children) Act 2012 in Relation to a Working With Children Check Clearance / Final Determination After Hearing
Outcome
Application granted; enabling order made and working with children check clearance to be granted.
Legal Topics
['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'risk to the Safety of Children' 'public Interest' 'reasonable Person Test']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'risk to the Safety of Children' 'public Interest' 'reasonable Person Test']

Case Brief

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Procedural Posture

Application for an Enabling Order Under the Child Protection (working With Children) Act 2012 in Relation to a Working With Children Check Clearance / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether the applicant rebutted the statutory presumption that he poses a risk to the safety of children.' 'Whether a reasonable person would allow his or her child to have direct unsupervised contact with the applicant while engaged in child-related work.' 'Whether it was in the public interest to make an order enabling the applicant to work with children.']

Ratio Decidendi

The applicant proved that he did not pose a real and appreciable risk to children. The disqualifying indecent assault was serious but involved an adult victim, occurred in circumstances of excessive alcohol consumption, anti-depressant medication and relationship stress, and did not indicate risk to children. The Tribunal accepted the applicant's remorse, insight, changed alcohol use, counselling, absence of further offending, absence of complaints in his employment and rugby coaching roles, and Dr Smith's opinion that he did not pose a real and appreciable risk to children. The Tribunal was also satisfied that a reasonable person with knowledge of the material would allow direct...

Court Disposition

Application granted; enabling order made and working with children check clearance to be granted.

Orders

  • ['The Tribunal declares that the applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of his conviction in 2016 for the offence of assault with an act of indecency contrary to s61L of the Crimes Act 1900.' "Pursuant to subsection...