DKP v Children’s Guardian [2018] NSWCATAD 303

DKP v Children’s Guardian [2018] NSWCATAD 303

The Tribunal had jurisdiction to hear the application as the power exercised was administrative rather than judicial, and, based on the timing and nature of the applicant’s convictions and statutory interpretation of the Child Protection (Offenders Registration) Act 2000, the applicant was subject to a 15-year reporting period. Further, periods spent overseas could be deducted from the total reporting period under s 16(3A). The Tribunal was satisfied, considering the seriousness of the prior offences, the passage of time, and absence of recent offending, that the applicant did not currently pose a risk to the safety of children and accordingly the reporting obligations should be suspended...

Parties
Applicant: DKP; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
25 October 2018
Procedural Posture
Administrative Review / Final Decision After Hearing
Outcome
Orders made granting partial suspension of reporting period
Legal Topics
Offenders Registration, Reporting Obligations, Jurisdiction, Suspension of Obligations
Administrative Law Child Protection Law Criminal Law Offenders Registration Reporting Obligations Jurisdiction Suspension of Obligations

Case Brief

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Parties

DKP

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Decision After Hearing

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction over an applicant residing outside New South Wales under the Child Protection (Offenders Registration) Act 2000
  2. 2 Whether the applicant’s reporting obligations were for 10 or 15 years under the Act and transitional provisions
  3. 3 Whether the reporting period can be suspended for periods spent overseas

Ratio Decidendi

The Tribunal had jurisdiction to hear the application as the power exercised was administrative rather than judicial, and, based on the timing and nature of the applicant’s convictions and statutory interpretation of the Child Protection (Offenders Registration) Act 2000, the applicant was subject to a 15-year reporting period. Further, periods spent overseas could be deducted from the total reporting period under s 16(3A). The Tribunal was satisfied, considering the seriousness of the prior offences, the passage of time, and absence of recent offending, that the applicant did not currently pose a risk to the safety of children and accordingly the reporting obligations should be suspended...

Court Disposition

Orders made granting partial suspension of reporting period

Orders

  • Pursuant to s 16(3A) of the Child Protection (Offenders Registration) Act 2000 we suspend the applicant's reporting period by 137 days
  • Pursuant to s 16(8) of the Child Protection (Offenders Registration) Act 2000 the Registrar notify the Commissioner of Police of the terms of this order.