DMK v Children’s Guardian [2018] NSWCATAD 236

DMK v Children’s Guardian [2018] NSWCATAD 236

The applicant has demonstrated, on the balance of probabilities, that he does not pose a real and appreciable risk to the safety of children. Significant weight is given to the elapsed time since the offence, the applicant's remorse, rehabilitation and positive conduct, and the finding that a reasonable person would allow unsupervised contact. It is also in the public interest to allow the applicant to work with children.

Parties
Applicant: DMK; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
10 October 2018
Procedural Posture
Administrative Review / Final Determination
Outcome
Enabling order granted; clearance to work with children ordered.
Legal Topics
Working With Children Clearance, Enabling Order, Risk Assessment, Child Protection (working With Children) Act, Remorse and Rehabilitation, Public Interest
Administrative Law Equal Opportunity Working With Children Clearance Enabling Order Risk Assessment Child Protection (working With Children) Act Remorse and Rehabilitation Public Interest

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Parties

DMK

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children
  2. 2 Whether the applicant should be granted a working with children check clearance despite prior conviction
  3. 3 The relevance and weight to be given to past allegations and convictions, including withdrawn charges

Ratio Decidendi

The applicant has demonstrated, on the balance of probabilities, that he does not pose a real and appreciable risk to the safety of children. Significant weight is given to the elapsed time since the offence, the applicant's remorse, rehabilitation and positive conduct, and the finding that a reasonable person would allow unsupervised contact. It is also in the public interest to allow the applicant to work with children.

Court Disposition

Enabling order granted; clearance to work with children ordered.

Orders

  • Declare that the applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 (NSW) in respect of the offence of assault with an act of indecency (2 counts), Crimes Act 1900 (NSW), s 61L.
  • Order that the Children's Guardian is to grant the applicant a working with children check clearance pursuant to s 28(6) of the Child Protection (Working with Children) Act 2012 (NSW).