DCG v Children's Guardian [2018] NSWCATAD 5

DCG v Children's Guardian [2018] NSWCATAD 5

The applicant failed to rebut the statutory presumption that he poses a risk to the safety of children, given the seriousness of his disqualifying offences against a child, lack of remorse, subsequent conduct reflecting ongoing risk factors, and absence of positive evidence or rehabilitation. Accordingly, an enabling order allowing him to work with children was refused.

Jurisdiction
Australia
Judgment Date
05 January 2018
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 Orders' 'assessment of Risk to Children' 'disqualifying Offences' 'onus of Proof']
['administrative Law' 'child Protection Law'] ['working With Children Check' 'enabling Orders' 'assessment of Risk to Children' 'disqualifying Offences' 'onus of Proof']

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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)' 'Whether applicant should be granted an enabling order to permit him to work with children' 'Assessment of seriousness and impact of disqualifying offences and conduct after offences']

Ratio Decidendi

The applicant failed to rebut the statutory presumption that he poses a risk to the safety of children, given the seriousness of his disqualifying offences against a child, lack of remorse, subsequent conduct reflecting ongoing risk factors, and absence of positive evidence or rehabilitation. Accordingly, an enabling order allowing him to work with children was refused.

Court Disposition

Application dismissed

Orders

  • ['The application for an enabling order under section 28 Child Protection (Working with Children) Act 2012 (NSW) filed 11 May 2017 is refused and dismissed.' 'With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these...