DYM v Children’s Guardian [2020] NSWCATAD 179

DYM v Children’s Guardian [2020] NSWCATAD 179

The Tribunal found that the applicant has rebutted the statutory presumption that he poses a risk to the safety of children, based on the serious but dated nature of his offences, lack of evidence of predatory behavior towards children, significant rehabilitation, abstention from alcohol and drugs, and community support. The order is in the public interest and a reasonable person would permit direct unsupervised contact.

Parties
Applicant: DYM; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
15 July 2020
Procedural Posture
Application for Enabling Order Under WWC Act / Decision on Application
Outcome
Application granted; enabling order made.
Legal Topics
Working With Children Check, Enabling Order, Disqualified Person, Risk to Safety of Children, Statutory Presumption
Administrative Law Equal Opportunity Law Working With Children Check Enabling Order Disqualified Person Risk to Safety of Children Statutory Presumption

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 5 Authorities cited 10 Party arguments 2 Amounts and remedies 15
Sign in to unlock

Parties

DYM

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for Enabling Order Under WWC Act / Decision on Application

Legal Issues

  1. 1 Whether the applicant has rebutted the statutory presumption that he poses a risk to the safety of children due to previous convictions for indecent assault

Ratio Decidendi

The Tribunal found that the applicant has rebutted the statutory presumption that he poses a risk to the safety of children, based on the serious but dated nature of his offences, lack of evidence of predatory behavior towards children, significant rehabilitation, abstention from alcohol and drugs, and community support. The order is in the public interest and a reasonable person would permit direct unsupervised contact.

Court Disposition

Application granted; enabling order made.

Orders

  • Declare 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 two offences of indecent assault of which he was convicted on 14 December 2001.
  • The Children's Guardian is to grant the applicant with a working with children check clearance within 28 days of this decision.