DQK v Children’s Guardian [2020] NSWCATAD 7

DQK v Children’s Guardian [2020] NSWCATAD 7

On the balance of probabilities, considering all statutory factors under s 30(1) and (1A) of the Act and the evidence (including references and a psychologist's report), DQK does not pose a real and appreciable risk to the safety of children. The presumption of risk is rebutted, and both the reasonable person and public interest tests are satisfied. Therefore, the enabling order and the Working with Children Check clearance are granted.

Jurisdiction
Australia
Judgment Date
16 January 2020
Procedural Posture
Administrative Law – Merits Review / Hearing and Decision on Application for Enabling Order Under S 28 Child Protection (working With Children) Act 2012 (nsw)
Outcome
Application for enabling order granted; DQK is not a disqualified person for purposes of s 28(1) and is to be granted a Working with Children Check clearance.
Legal Topics
['working With Children Check' 'disqualified Persons' 'risk to Children' 'indecent Assault' 'public Interest' 'enabling Orders']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'disqualified Persons' 'risk to Children' 'indecent Assault' 'public Interest' 'enabling Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Law – Merits Review / Hearing and Decision on Application for Enabling Order Under S 28 Child Protection (working With Children) Act 2012 (nsw)

Legal Issues

  1. 1 ['Whether the applicant (DQK) poses a real and appreciable risk to the safety of children for the purposes of an enabling order under s 28 of the Child Protection (Working with Children) Act 2012 (NSW)' 'Whether the presumption of risk under s 28(7) of the Act is rebutted' 'Whether the statutory and public interest requirements for granting a Working with Children Check clearance are satisfied']

Ratio Decidendi

On the balance of probabilities, considering all statutory factors under s 30(1) and (1A) of the Act and the evidence (including references and a psychologist's report), DQK does not pose a real and appreciable risk to the safety of children. The presumption of risk is rebutted, and both the reasonable person and public interest tests are satisfied. Therefore, the enabling order and the Working with Children Check clearance are granted.

Court Disposition

Application for enabling order granted; DQK is not a disqualified person for purposes of s 28(1) and is to be granted a Working with Children Check clearance.

Orders

  • ['It is declared DQK is not a disqualified person for the purposes of section 28(1) of Child Protection (Working with Children) Act 2012 (NSW) for the offence of indecent assault contrary to s 61L Crimes Act 1900 (NSW) entered on 7 February 1996 at the Byron Bay Local Court.' 'The application for an enabling order...