DPO v Children’s Guardian [2018] NSWCATAD 258

DPO v Children’s Guardian [2018] NSWCATAD 258

The stay was refused because the applicant bore the burden of proving that he did not pose a risk to the safety of children, but his evidence about the offence and his subsequent pro-social life was uncorroborated and affected by discrepancies. Given the seriousness of the manslaughter conviction and the paramount importance of child safety, the Tribunal was not satisfied that the statutory presumption of risk had been displaced, and the applicant had not established that the interests of justice required a stay.

Jurisdiction
Australia
Judgment Date
07 November 2018
Procedural Posture
Administrative Law Child Protection Matter Concerning Refusal of a Working With Children Check Clearance and Application for an Enabling Order / Application for a Stay of the Children's Guardian's Determination Pending Determination of the Matter
Outcome
The applicant's application for a stay of the determination of the Children's Guardian was dismissed.
Legal Topics
['working With Children Check Clearance' 'disqualified Person' 'manslaughter Conviction' 'stay Application' 'risk to Safety of Children']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'disqualified Person' 'manslaughter Conviction' 'stay Application' 'risk to Safety of Children']

Case Brief

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Procedural Posture

Administrative Law Child Protection Matter Concerning Refusal of a Working With Children Check Clearance and Application for an Enabling Order / Application for a Stay of the Children's Guardian's Determination Pending Determination of the Matter

Legal Issues

  1. 1 ["Whether the Tribunal should stay the operation of the Children's Guardian's determination refusing the applicant a working with children check clearance." 'Whether the applicant had displaced the statutory presumption that he poses a risk to the safety of children.' 'Whether the interests of justice required the grant of a stay in the circumstances.']

Ratio Decidendi

The stay was refused because the applicant bore the burden of proving that he did not pose a risk to the safety of children, but his evidence about the offence and his subsequent pro-social life was uncorroborated and affected by discrepancies. Given the seriousness of the manslaughter conviction and the paramount importance of child safety, the Tribunal was not satisfied that the statutory presumption of risk had been displaced, and the applicant had not established that the interests of justice required a stay.

Court Disposition

The applicant's application for a stay of the determination of the Children's Guardian was dismissed.

Orders

  • ["The applicant's application for a stay of the determination of the Children's Guardian is dismissed."]