CZF v Children’s Guardian [2017] NSWCATAD 347

CZF v Children’s Guardian [2017] NSWCATAD 347

The applicant discharged the onus under s.28(7) of the Child Protection (Working with Children) Act 2012 by satisfying the Tribunal he does not pose a risk to children, considering the evidence of remorse, absence of further offences, positive contributions, a low risk psychological assessment, and strong community support. The seriousness of the original offence is outweighed by these factors, and a reasonable person apprised of all facts would allow the applicant to have unsupervised contact with their children. Public interest also supports granting the clearance.

Jurisdiction
Australia
Judgment Date
29 November 2017
Procedural Posture
Application for Enabling Order / Review of Refusal to Grant Working With Children Check Clearance / Merits Hearing and Final Decision
Outcome
Enabling order granted; applicant not to be treated as disqualified person; clearance to be granted.
Legal Topics
['working With Children Check' 'disqualifying Offences' 'risk Assessment' 'enabling Order']
['administrative Law' 'child Protection' 'equal Opportunity Law'] ['working With Children Check' 'disqualifying Offences' 'risk Assessment' 'enabling Order']

Case Brief

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Procedural Posture

Application for Enabling Order / Review of Refusal to Grant Working With Children Check Clearance / Merits Hearing and Final Decision

Legal Issues

  1. 1 ['Whether the applicant, having pleaded guilty to a disqualifying offence, can satisfy the Tribunal that he does not pose a risk to the safety of children for the purposes of an enabling order under the Child Protection (Working with Children) Act 2012']

Ratio Decidendi

The applicant discharged the onus under s.28(7) of the Child Protection (Working with Children) Act 2012 by satisfying the Tribunal he does not pose a risk to children, considering the evidence of remorse, absence of further offences, positive contributions, a low risk psychological assessment, and strong community support. The seriousness of the original offence is outweighed by these factors, and a reasonable person apprised of all facts would allow the applicant to have unsupervised contact with their children. Public interest also supports granting the clearance.

Court Disposition

Enabling order granted; applicant not to be treated as disqualified person; 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 the offence in question.' "Pursuant to subsection 28(6) of the Child Protection (Working with Children) Act 2012 the Children's Guardian is...