DGQ v Children’s Guardian [2018] NSWCATAD 166

DGQ v Children’s Guardian [2018] NSWCATAD 166

The applicant was a disqualified person because of two disqualifying offences and was presumed to pose a risk to the safety of children. Although the offences occurred 24 years earlier, there was no evidence of improper conduct since 2008, and the applicant had supportive character evidence, he did not produce current professional psychological evidence or reliable current evidence of sustained abstinence from illicit drugs. The 2008 professional assessment that he remained a moderate risk of re-offence stood unchallenged. Taking account of the section 30(1) factors and the paramount consideration of child safety, the Tribunal was not satisfied on the balance of probabilities that the...

Jurisdiction
Australia
Judgment Date
02 August 2018
Procedural Posture
Application for an Enabling Order Under Section 28 of the Child Protection (working With Children) Act 2012 (nsw) / Final Determination After Hearing in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales
Outcome
The applicant's application for an enabling order was dismissed.
Legal Topics
['working With Children Check Clearance' 'disqualified Person' 'disqualifying Offence' 'enabling Order' 'risk to the Safety of Children' 'statutory Presumption']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'disqualified Person' 'disqualifying Offence' 'enabling Order' 'risk to the Safety of Children' 'statutory Presumption']

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 (nsw) / Final Determination After Hearing in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether the applicant should be granted an enabling order declaring that he not be treated as a disqualified person so that he can be granted a Working with Children Check clearance.' 'Whether the applicant discharged the onus of rebutting the statutory presumption under section 28(7) of the Child Protection (Working with Children) Act 2012 (NSW) that he poses a risk to the safety of children.' 'Whether, if section 30(1A) applied, a reasonable person would allow his or her child to have direct unsupervised contact with the applicant while engaged in child-related work and whether making the order would be in the public interest.']

Ratio Decidendi

The applicant was a disqualified person because of two disqualifying offences and was presumed to pose a risk to the safety of children. Although the offences occurred 24 years earlier, there was no evidence of improper conduct since 2008, and the applicant had supportive character evidence, he did not produce current professional psychological evidence or reliable current evidence of sustained abstinence from illicit drugs. The 2008 professional assessment that he remained a moderate risk of re-offence stood unchallenged. Taking account of the section 30(1) factors and the paramount consideration of child safety, the Tribunal was not satisfied on the balance of probabilities that the...

Court Disposition

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

Orders

  • ["The applicant's application for an enabling order is dismissed." 'An order was made under section 64(1) of the Civil and Administrative Tribunal Act 2013 (NSW) restricting publication or broadcast of information that will identify the applicant, any victims, witnesses or evidence given and received in the Tribunal...