EBZ v Children’s Guardian [2020] NSWCATAD 201

EBZ v Children’s Guardian [2020] NSWCATAD 201

Having considered the s 30(1) factors, the Tribunal found that the sexual assault conviction was very serious but occurred more than 30 years earlier, did not involve a child, was the only offence of its type, and there were no charges, convictions or adverse reports involving children. The applicant had been drug free since 2009, had committed no criminal offences since 2012, had been in employment, gave genuine and honest evidence, and the forensic psychologist's undisputed evidence was that he did not pose a risk to children. The respondent ultimately supported the application. The Tribunal was satisfied that the applicant did not pose a real and appreciable risk to the safety of...

Jurisdiction
Australia
Judgment Date
14 August 2020
Procedural Posture
Application for an Enabling Order in Relation to a Working With Children Clearance / Final Decision After Hearing
Outcome
Application granted; enabling order made; respondent ordered to grant a Working with Children clearance.
Legal Topics
['working With Children Check Clearance' 'disqualifying Offence' 'enabling Order' 'risk to the Safety of Children' 'public Interest']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'disqualifying Offence' 'enabling Order' 'risk to the Safety of Children' 'public Interest']

Case Brief

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Procedural Posture

Application for an Enabling Order in Relation to a Working With Children Clearance / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the applicant discharged the onus under s 28(7) of the Child Protection (Working with Children) Act 2012 to satisfy the Tribunal that he does not pose a risk to the safety of children.' 'Whether a reasonable person would allow his or her child to have direct unsupervised contact with the applicant while engaged in child-related work.' 'Whether it is in the public interest to make an enabling order.']

Ratio Decidendi

Having considered the s 30(1) factors, the Tribunal found that the sexual assault conviction was very serious but occurred more than 30 years earlier, did not involve a child, was the only offence of its type, and there were no charges, convictions or adverse reports involving children. The applicant had been drug free since 2009, had committed no criminal offences since 2012, had been in employment, gave genuine and honest evidence, and the forensic psychologist's undisputed evidence was that he did not pose a risk to children. The respondent ultimately supported the application. The Tribunal was satisfied that the applicant did not pose a real and appreciable risk to the safety of...

Court Disposition

Application granted; enabling order made; respondent ordered to grant a Working with Children clearance.

Orders

  • ['The applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of section 61D of the Crimes Act 1900 (NSW) for which he was convicted on 7 September 1990.' 'The application for an enabling order is granted.' 'Pursuant to s.28(6) of...