CSV v Children’s Guardian [2017] NSWCATAD 56

CSV v Children’s Guardian [2017] NSWCATAD 56

The applicant failed to displace the statutory presumption that he poses a risk to the safety of children, due to lack of convincing evidence or expert opinion, and minimal weight given to personal references.

Jurisdiction
Australia
Judgment Date
17 February 2017
Procedural Posture
Application for Enabling Order Under Child Protection (working With Children) Act 2012 (nsw) / Final Decision
Outcome
Application dismissed
Legal Topics
['working With Children Check' 'enabling Order Application' 'risk to Safety of Children']
['administrative Law' 'child Protection'] ['working With Children Check' 'enabling Order Application' 'risk to Safety of Children']

Case Brief

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Procedural Posture

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

Legal Issues

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

Ratio Decidendi

The applicant failed to displace the statutory presumption that he poses a risk to the safety of children, due to lack of convincing evidence or expert opinion, and minimal weight given to personal references.

Court Disposition

Application dismissed

Orders

  • ["The Applicant's application for an enabling order is dismissed."]