DCD v Children’s Guardian [2017] NSWCATAD 234

DCD v Children’s Guardian [2017] NSWCATAD 234

The Tribunal was satisfied on the balance of probabilities that the Applicant did not pose a risk to the safety of children. The disqualifying offences occurred more than 32 years earlier, arose from particular circumstances when the Applicant was 18 and in a consensual relationship with a 14 year old girlfriend, he had expressed remorse and accepted responsibility, had no other criminal convictions, and there was no evidence of subsequent conduct raising concern about contact with children. The Tribunal was also satisfied that a reasonable person would allow unsupervised direct contact in child related work and that granting the order was in the public interest, including because the...

Jurisdiction
Australia
Judgment Date
27 July 2017
Procedural Posture
Application for Review of Refusal to Grant a Working With Children Check Clearance and for an Enabling Order / Final Decision After Hearing
Outcome
Application granted; enabling order made and Working with Children Check clearance ordered to be granted.
Legal Topics
['working With Children Check Clearance' 'disqualified Person' 'risk to the Safety of Children' 'enabling Order']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'disqualified Person' 'risk to the Safety of Children' 'enabling Order']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the Applicant should be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 (NSW) in respect of the offence of Carnal Knowledge (3 counts).' 'Whether the Applicant proved that he does not pose a risk to the safety of children.' 'Whether a reasonable person would allow his or her child to have direct contact with the Applicant while engaged in child related work without direct supervision.' 'Whether it was in the public interest to make the enabling order and require the grant of a Working with Children Check clearance.']

Ratio Decidendi

The Tribunal was satisfied on the balance of probabilities that the Applicant did not pose a risk to the safety of children. The disqualifying offences occurred more than 32 years earlier, arose from particular circumstances when the Applicant was 18 and in a consensual relationship with a 14 year old girlfriend, he had expressed remorse and accepted responsibility, had no other criminal convictions, and there was no evidence of subsequent conduct raising concern about contact with children. The Tribunal was also satisfied that a reasonable person would allow unsupervised direct contact in child related work and that granting the order was in the public interest, including because the...

Court Disposition

Application granted; enabling order made and Working with Children Check clearance ordered to be granted.

Orders

  • ['The Applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 (NSW) in respect of the offence Carnal Knowledge (3 counts), Crimes Act 1900, Section 71.' "The Children's Guardian is to grant the applicant a Working with Children Check clearance."]