DAS v Children’s Guardian [2017] NSWCATAD 289

DAS v Children’s Guardian [2017] NSWCATAD 289

The applicant rebutted the statutory presumption by demonstrating, through expert evidence and his conduct over 40 years, that he does not pose a real and appreciable risk to the safety of children; the Tribunal found a reasonable person would allow unsupervised contact, and it was in the public interest to grant the enabling order.

Parties
Applicant: DAS; Respondent: NSW Children's Guardian
Jurisdiction
Australia
Judgment Date
27 September 2017
Procedural Posture
Administrative Law Application / Final Determination (reasons and Orders)
Outcome
Application granted
Legal Topics
Working With Children Check Clearance, Disqualified Person, Public Interest, Risk Assessment for Child Safety
Administrative Law Child Protection Working With Children Check Clearance Disqualified Person Public Interest Risk Assessment for Child Safety

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Parties

DAS

Applicant

NSW Children's Guardian

Respondent

Procedural Posture

Administrative Law Application / Final Determination (reasons and Orders)

Legal Issues

  1. 1 Whether the applicant poses a risk to the safety of children under section 28(7) of the Child Protection (Working with Children) Act 2012
  2. 2 Whether a reasonable person would allow their child to have direct, unsupervised contact with the applicant under section 30(1A)
  3. 3 Whether it is in the public interest to grant the enabling order

Ratio Decidendi

The applicant rebutted the statutory presumption by demonstrating, through expert evidence and his conduct over 40 years, that he does not pose a real and appreciable risk to the safety of children; the Tribunal found a reasonable person would allow unsupervised contact, and it was in the public interest to grant the enabling order.

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 offence of attempted carnal knowledge of which he was convicted on 16 January 1978.
  • Pursuant to subsection 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.