EBE v Children’s Guardian [2019] NSWCATAD 270

EBE v Children’s Guardian [2019] NSWCATAD 270

The applicant had no criminal convictions since 2001, received a low risk assessment for re-offending, and allegations of child neglect or abuse were not substantiated; the evidence does not support a real and appreciable risk to the safety of children. On that basis, and balancing the public interest, the enabling order is granted.

Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Application for Enabling Order Under Child Protection (working With Children) Act 2012 / Final Determination
Outcome
Application granted
Legal Topics
['working With Children Check' 'disqualification From Child Related Work' 'risk Assessment' 'child Neglect and Abuse' 'public Interest Test']
['administrative Law' 'child Protection'] ['working With Children Check' 'disqualification From Child Related Work' 'risk Assessment' 'child Neglect and Abuse' 'public Interest Test']

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Procedural Posture

Application for Enabling Order Under Child Protection (working With Children) Act 2012 / Final Determination

Legal Issues

  1. 1 ['Whether the applicant should be treated as a disqualified person under the Child Protection (Working with Children) Act 2012' 'Whether the applicant poses a real and appreciable risk to the safety of children' 'Whether it is in the public interest to grant an enabling order allowing the applicant to work with children']

Ratio Decidendi

The applicant had no criminal convictions since 2001, received a low risk assessment for re-offending, and allegations of child neglect or abuse were not substantiated; the evidence does not support a real and appreciable risk to the safety of children. On that basis, and balancing the public interest, the enabling order is granted.

Court Disposition

Application granted

Orders

  • ['The applicant is not to be treated as a disqualified person for purposes of the Child Protection (Working with Children) Act 2012 in respect of the offences of sexual intercourse with a person over 14 years and under 16 years of which he was convicted on 26 November 2001.' "The Children's Guardian is to grant the...