DFL v Children’s Guardian [2018] NSWCATAD 121

DFL v Children’s Guardian [2018] NSWCATAD 121

The applicant failed to rebut the statutory presumption that he poses a risk to the safety of children, as there was insufficient independent evidence of good character or professional assessment of risk, and he continued to deny the original indecent assault offence. The Tribunal was not satisfied that a reasonable person would allow their child to have unsupervised contact with DFL in child-related work, and granting the enabling order would not be in the public interest.

Parties
Applicant: DFL; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Application for Enabling Order Under Child Protection (working With Children) Act 2012 (nsw) / Hearing and Decision
Outcome
Application dismissed
Legal Topics
Working With Children Check, Enabling Order, Disqualifying Offence, Assessment of Risk, Indecent Assault, Section 28 Child Protection (working With Children) Act 2012 (nsw)
Administrative Law Working With Children Check Enabling Order Disqualifying Offence Assessment of Risk Indecent Assault Section 28 Child Protection (working With Children) Act 2012 (nsw)

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Parties

DFL

Applicant

Children's Guardian

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether applicant is a risk to the safety of children under s 28(7) of the Child Protection (Working with Children) Act 2012 (NSW)
  2. 2 Whether a reasonable person would allow his or her child to have unsupervised direct contact with the applicant in child-related work (s 30(1A)(a))
  3. 3 Whether it is in the public interest to make the enabling order (s 30(1A)(b))

Ratio Decidendi

The applicant failed to rebut the statutory presumption that he poses a risk to the safety of children, as there was insufficient independent evidence of good character or professional assessment of risk, and he continued to deny the original indecent assault offence. The Tribunal was not satisfied that a reasonable person would allow their child to have unsupervised contact with DFL in child-related work, and granting the enabling order would not be in the public interest.

Court Disposition

Application dismissed

Orders

  • The application for an enabling order is dismissed.