DYX v Children's Guardian [2020] NSWCATAD 45

DYX v Children's Guardian [2020] NSWCATAD 45

The Tribunal was satisfied, on the balance of probabilities and having regard to the evidence, that the applicant rebutted the statutory presumption that he poses a risk to the safety of children. A reasonable person privy to the evidence would allow their child to have direct unsupervised contact with the applicant while he engaged in child-related work, and it was in the public interest for the applicant to be granted a working with children check clearance.

Parties
Applicant: DYX; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
07 February 2020
Procedural Posture
Application for Enabling Order Under S 28(1) of the Child Protection (working With Children) Act 2012 (nsw) / Final Determination
Outcome
Application granted
Legal Topics
Working With Children Checks, Disqualification From Child Related Work, Applications for Enabling Order, Rebutting Presumption of Risk to Safety of Children
Administrative Law Criminal Law Child Protection Working With Children Checks Disqualification From Child Related Work Applications for Enabling Order Rebutting Presumption of Risk to Safety of Children

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Parties

DYX

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for Enabling Order Under S 28(1) of the Child Protection (working With Children) Act 2012 (nsw) / Final Determination

Legal Issues

  1. 1 Whether the applicant has rebutted the statutory presumption that he poses a risk to the safety of children for the purposes of the Child Protection (Working with Children) Act 2012 (NSW)
  2. 2 Whether a reasonable person would allow their child to have direct unsupervised contact with the applicant in child-related work
  3. 3 Whether it is in the public interest to make the orders sought

Ratio Decidendi

The Tribunal was satisfied, on the balance of probabilities and having regard to the evidence, that the applicant rebutted the statutory presumption that he poses a risk to the safety of children. A reasonable person privy to the evidence would allow their child to have direct unsupervised contact with the applicant while he engaged in child-related work, and it was in the public interest for the applicant to be granted a working with children check clearance.

Court Disposition

Application granted

Orders

  • An order pursuant to s 28(1) of the Child Protection (Working with Children) Act 2012 (NSW) declaring that the applicant is not to be treated as a disqualified person in respect of the disqualifying offence.
  • An order pursuant to s 28(6) of the Child Protection (Working with Children) Act 2012 (NSW) that the respondent is to grant the applicant a working with children check clearance.