DHB v Children’s Guardian [2018] NSWCATAD 123

DHB v Children’s Guardian [2018] NSWCATAD 123

The applicant, despite having a disqualifying offence, does not currently pose a real and appreciable risk to the safety or well-being of children, having regard to all mandatory statutory factors, including the seriousness and context of the offence, his subsequent conduct over more than 50 years, and references attesting to his good character. The public interest and reasonable person tests are satisfied. Consequently, an enabling order should be granted and the applicant is not to be treated as a disqualified person for the relevant offence.

Jurisdiction
Australia
Judgment Date
06 June 2018
Procedural Posture
Application for Enabling Order Under Working With Children Legislation / Decision on the Papers Without Hearing
Outcome
Enabling order granted; applicant not to be treated as a disqualified person; clearance to be granted.
Legal Topics
['working With Children Check' 'disqualifying Offences' 'enabling Order' 'risk Assessment' 'public Interest']
['administrative Law' 'child Protection'] ['working With Children Check' 'disqualifying Offences' 'enabling Order' 'risk Assessment' 'public Interest']

Case Brief

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Procedural Posture

Application for Enabling Order Under Working With Children Legislation / Decision on the Papers Without Hearing

Legal Issues

  1. 1 ['Whether the applicant should be granted an enabling order under s 28 of the Child Protection (Working with Children) Act 2012' 'Whether the applicant has rebutted the presumption that he poses a risk to the safety and well-being of children' 'Whether it is in the public interest and satisfies the reasonable person test to grant the clearance']

Ratio Decidendi

The applicant, despite having a disqualifying offence, does not currently pose a real and appreciable risk to the safety or well-being of children, having regard to all mandatory statutory factors, including the seriousness and context of the offence, his subsequent conduct over more than 50 years, and references attesting to his good character. The public interest and reasonable person tests are satisfied. Consequently, an enabling order should be granted and the applicant is not to be treated as a disqualified person for the relevant offence.

Court Disposition

Enabling order granted; applicant not to be treated as a disqualified person; clearance to be granted.

Orders

  • ['A hearing is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013.' 'The applicant is not to be treated as a disqualified person for the offence of carnally knowing a female under the age of 16 pursuant to s.71 of the Crimes Act 1900 (NSW) entered at the Court of Petty Sessions in Dubbo...