DKD v Children’s Guardian [2019] NSWCATAD 33

DKD v Children’s Guardian [2019] NSWCATAD 33

The Tribunal found that the applicant no longer poses a real and appreciable risk to the safety of children, having regard to his demonstrated rehabilitation, abstinence from drugs, compliance with treatment for schizophrenia, and positive support networks. The statutory presumption was rebutted and it was in the public interest, and a reasonable person would allow their child unsupervised contact with him while he is engaged in child-related work. The applicant should not be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in relation to his 2006 conviction for aggravated indecent assault.

Jurisdiction
Australia
Judgment Date
28 February 2019
Procedural Posture
Application for Enabling Order Regarding Working With Children Check Clearance / Decision on Merits
Outcome
Enabling order granted; applicant not to be treated as a disqualified person.
Legal Topics
['working With Children Check Clearance' 'disqualified Person' 'aggravated Indecent Assault' 'risk Assessment' 'public Interest']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check Clearance' 'disqualified Person' 'aggravated Indecent Assault' 'risk Assessment' 'public Interest']

Case Brief

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Procedural Posture

Application for Enabling Order Regarding Working With Children Check Clearance / Decision on Merits

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children' 'Whether a reasonable person would allow their child to have direct contact with the applicant while engaged in child-related work' 'Whether it is in the public interest to make the order sought']

Ratio Decidendi

The Tribunal found that the applicant no longer poses a real and appreciable risk to the safety of children, having regard to his demonstrated rehabilitation, abstinence from drugs, compliance with treatment for schizophrenia, and positive support networks. The statutory presumption was rebutted and it was in the public interest, and a reasonable person would allow their child unsupervised contact with him while he is engaged in child-related work. The applicant should not be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in relation to his 2006 conviction for aggravated indecent assault.

Court Disposition

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

Orders

  • ['The applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of his conviction in 2006 for the offence of aggravated indecent assault contrary to s61M of the Crimes Act 1900.' "Pursuant to subsection 28(6) of the Child Protection...