CRY v NSW Office of Children’s Guardian [2017] NSWCATAD 77

CRY v NSW Office of Children’s Guardian [2017] NSWCATAD 77

The Tribunal found that although the Applicant committed a disqualifying offence, he does not pose a real and appreciable risk to the safety of children, has rebutted the presumption under s.28(7), and satisfies s.30(1A). An enabling order should be made to allow a Working with Children clearance.

Parties
Applicant: CRY; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
13 March 2017
Procedural Posture
Application for Enabling Order (working With Children Check) / Principal Judgment
Outcome
Application granted
Legal Topics
Working With Children Check, Disqualified Person, Assessment of Risk, Section 28 Enabling Order
Administrative Law Child Protection Working With Children Check Disqualified Person Assessment of Risk Section 28 Enabling Order

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Parties

CRY

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for Enabling Order (working With Children Check) / Principal Judgment

Legal Issues

  1. 1 Whether the Applicant has discharged the onus to establish he does not pose a risk to the safety of children under s.28(7) of the Child Protection (Working with Children) Act 2012
  2. 2 Whether an enabling order should be granted under s.28 of the Act
  3. 3 Whether the additional test under s.30(1A) of the Act is satisfied

Ratio Decidendi

The Tribunal found that although the Applicant committed a disqualifying offence, he does not pose a real and appreciable risk to the safety of children, has rebutted the presumption under s.28(7), and satisfies s.30(1A). An enabling order should be made to allow a Working with Children clearance.

Court Disposition

Application granted

Orders

  • Declare that the Applicant not be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of the Assault with act of indecency offence for which he received a s.10 Bond for 18 months on 17 September 2014.
  • Pursuant to s.28(6) of the Child Protection (Working with Children) Act 2012 the Children's Guardian is to grant the Applicant a Working with Children clearance.