DCN v Children’s Guardian [2017] NSWCATAD 373

DCN v Children’s Guardian [2017] NSWCATAD 373

DCN was convicted of a disqualifying offence and therefore bore the onus of proving that he does not pose a risk to the safety of children. Although the offence occurred many years earlier and he had no later relevant criminal history, he filed no statements, references, reports, risk assessment or other supporting evidence, maintained that he should not have been convicted, and provided insufficient material addressing insight, remorse, conduct with children or understanding of child vulnerability. The Tribunal was not satisfied that the statutory onus was discharged, so the enabling order was refused.

Jurisdiction
Australia
Judgment Date
20 December 2017
Procedural Posture
Application for an Enabling Order Under Section 28 of the Child Protection (working With Children) Act 2012 / Final Hearing and Decision
Outcome
The application was refused and dismissed.
Legal Topics
['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'risk to the Safety of Children' 'onus of Proof']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'risk to the Safety of Children' 'onus of Proof']

Case Brief

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Procedural Posture

Application for an Enabling Order Under Section 28 of the Child Protection (working With Children) Act 2012 / Final Hearing and Decision

Legal Issues

  1. 1 ['Whether the Tribunal should make an enabling order under section 28 of the Child Protection (Working with Children) Act 2012 declaring that DCN is not to be treated as a disqualified person.' 'Whether DCN discharged the onus under section 28(7) of the Child Protection (Working with Children) Act 2012 to satisfy the Tribunal that he does not pose a risk to the safety of children.']

Ratio Decidendi

DCN was convicted of a disqualifying offence and therefore bore the onus of proving that he does not pose a risk to the safety of children. Although the offence occurred many years earlier and he had no later relevant criminal history, he filed no statements, references, reports, risk assessment or other supporting evidence, maintained that he should not have been convicted, and provided insufficient material addressing insight, remorse, conduct with children or understanding of child vulnerability. The Tribunal was not satisfied that the statutory onus was discharged, so the enabling order was refused.

Court Disposition

The application was refused and dismissed.

Orders

  • ['The application for an enabling order under section 28 of the Child Protection (Working with Children) Act 2012 is refused and dismissed.']