DDJ v Children's Guardian [2018] NSWCATAD 4

DDJ v Children's Guardian [2018] NSWCATAD 4

The Tribunal found that DDJ is no longer a real and appreciable risk to the safety of children, as he has demonstrated genuine remorse, undertaken therapy, developed strategies to avoid recurrence, and has no history of offending against children, thus rebutting the statutory presumption of risk. It is in the public interest for him to be granted clearance, considering his skills and absence of prior workplace complaints.

Jurisdiction
Australia
Judgment Date
08 January 2018
Procedural Posture
Application for Enabling Order Under Child Protection (working With Children) Act 2012 (nsw) / Final Merits Hearing and Decision
Outcome
Application for enabling order granted; WWCC clearance to be issued
Legal Topics
['working With Children Check' 'disqualification Under Child Protection Legislation' 'risk Assessment' 'frotteuristic Behaviour' 'remedial Measures']
['administrative Law' 'equal Opportunity Law'] ['working With Children Check' 'disqualification Under Child Protection Legislation' 'risk Assessment' 'frotteuristic Behaviour' 'remedial Measures']

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Procedural Posture

Application for Enabling Order Under Child Protection (working With Children) Act 2012 (nsw) / Final Merits Hearing and Decision

Legal Issues

  1. 1 ['Whether DDJ should be declared not to be treated as a disqualified person under Child Protection (Working with Children) Act 2012 (NSW)' 'Whether DDJ has rebutted the statutory presumption of risk to the safety of children arising from his conviction' 'Whether it is in the public interest to grant Working with Children Check clearance']

Ratio Decidendi

The Tribunal found that DDJ is no longer a real and appreciable risk to the safety of children, as he has demonstrated genuine remorse, undertaken therapy, developed strategies to avoid recurrence, and has no history of offending against children, thus rebutting the statutory presumption of risk. It is in the public interest for him to be granted clearance, considering his skills and absence of prior workplace complaints.

Court Disposition

Application for enabling order granted; WWCC clearance to be issued

Orders

  • ['The Tribunal declares that the applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 (NSW).' "Pursuant to subsection 28(6) of the Child Protection (Working with Children) Act 2012 (NSW) the Children's Guardian is to grant the applicant a...