DMD v Children’s Guardian [2019] NSWCATAD 87

DMD v Children’s Guardian [2019] NSWCATAD 87

The applicant failed to discharge his onus of rebutting the statutory presumption that he poses a risk to the safety of children, having been recently found guilty of a disqualifying offence involving a 13-year-old and subsequent offending while on a good behaviour bond, with insufficient evidence of mitigation or support networks. Accordingly, the application for an enabling order was dismissed.

Jurisdiction
Australia
Judgment Date
17 May 2019
Procedural Posture
Administrative Application / Final Decision Merits Review
Outcome
Application dismissed
Legal Topics
['working With Children Check' 'disqualifying Offence' 'risk to Safety of Children' 'onuses and Presumptions' 'protective Jurisdiction']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'disqualifying Offence' 'risk to Safety of Children' 'onuses and Presumptions' 'protective Jurisdiction']

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Procedural Posture

Administrative Application / Final Decision Merits Review

Legal Issues

  1. 1 ['Whether the applicant discharged his onus to rebut the presumption that he poses a risk to the safety of children under the Working with Children Check scheme']

Ratio Decidendi

The applicant failed to discharge his onus of rebutting the statutory presumption that he poses a risk to the safety of children, having been recently found guilty of a disqualifying offence involving a 13-year-old and subsequent offending while on a good behaviour bond, with insufficient evidence of mitigation or support networks. Accordingly, the application for an enabling order was dismissed.

Court Disposition

Application dismissed

Orders

  • ['Application dismissed.']