CZZ v Children’s Guardian [2018] NSWCATAD 56

CZZ v Children’s Guardian [2018] NSWCATAD 56

After considering all evidence and material, including the age and nature of the past offences (which did not involve children), applicant's conduct since, positive references, and relevant statutory tests, the Tribunal found that the applicant does not currently pose a real and appreciable risk to the safety and well-being of children. The presumption of risk under s 28(7) was rebutted, meeting the statutory and public interest tests. Accordingly, the applicant is entitled to an enabling order and a working with children check clearance.

Jurisdiction
Australia
Judgment Date
13 March 2018
Procedural Posture
Administrative Review / Final Merits Hearing and Decision
Outcome
Enabling order granted; applicant not disqualified; clearance to issue
Legal Topics
['working With Children Check' 'disqualifying Offences' 'administrative Review' 'risk Assessment' 'enabling Orders' 'burden of Proof']
['administrative Law' 'child Protection' 'equal Opportunity Law'] ['working With Children Check' 'disqualifying Offences' 'administrative Review' 'risk Assessment' 'enabling Orders' 'burden of Proof']

Case Brief

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Procedural Posture

Administrative Review / Final Merits Hearing and Decision

Legal Issues

  1. 1 ['Whether the applicant, a disqualified person due to past offences, currently poses a real and appreciable risk to the safety and well-being of children and should be granted an enabling order under s 28 of the Child Protection (Working with Children) Act 2012']

Ratio Decidendi

After considering all evidence and material, including the age and nature of the past offences (which did not involve children), applicant's conduct since, positive references, and relevant statutory tests, the Tribunal found that the applicant does not currently pose a real and appreciable risk to the safety and well-being of children. The presumption of risk under s 28(7) was rebutted, meeting the statutory and public interest tests. Accordingly, the applicant is entitled to an enabling order and a working with children check clearance.

Court Disposition

Enabling order granted; applicant not disqualified; clearance to issue

Orders

  • ['The applicant is not to be treated as a disqualified person for two offences of indecent assault under the Crimes Act 1958 (Vic).' 'The application for an enabling order is granted.' "Pursuant to s 28(6) of the Child Protection (Working With Children) Act 2012, the Children's Guardian is to grant a working with...