DEO v Children’s Guardian [2018] NSWCATAD 54

DEO v Children’s Guardian [2018] NSWCATAD 54

The applicant did not discharge the onus of proving that he does not pose a risk to the safety of children. His evidence about the 1993 offence was confusing and unsatisfactory, and although the Tribunal did not make a positive finding that the 2014 assault occurred, the surrounding circumstances of that incident, together with the paramount consideration of child safety, meant that the existence of a risk to a child had not been disproven.

Jurisdiction
Australia
Judgment Date
09 March 2018
Procedural Posture
Application for an Enabling Order to Obtain a Working With Children Check Clearance / Principal Judgment
Outcome
The applicant's application for an enabling order is dismissed.
Legal Topics
['working With Children Check Clearance' 'disqualified Person' 'indecent Assault Conviction' 'enabling Order' 'risk to the Safety of Children' 'onus of Proof']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'disqualified Person' 'indecent Assault Conviction' 'enabling Order' 'risk to the Safety of Children' 'onus of Proof']

Case Brief

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Procedural Posture

Application for an Enabling Order to Obtain a Working With Children Check Clearance / Principal Judgment

Legal Issues

  1. 1 ['Whether the applicant, who was a disqualified person by reason of a conviction for indecent assault, should be granted an enabling order.' 'Whether the applicant discharged the onus under s 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

The applicant did not discharge the onus of proving that he does not pose a risk to the safety of children. His evidence about the 1993 offence was confusing and unsatisfactory, and although the Tribunal did not make a positive finding that the 2014 assault occurred, the surrounding circumstances of that incident, together with the paramount consideration of child safety, meant that the existence of a risk to a child had not been disproven.

Court Disposition

The applicant's application for an enabling order is dismissed.

Orders

  • ["The applicant's application for an enabling order is dismissed."]