EGD v Children’s Guardian [2020] NSWCATAD 221

EGD v Children’s Guardian [2020] NSWCATAD 221

The Tribunal, after considering the mandatory statutory factors, evidence of rehabilitation, lack of subsequent offences against children, expert psychological opinion indicating no current measurable risk, and the circumstances of the disqualifying offence, finds that the applicant does not pose a real and appreciable risk to the safety and well-being of children, and it is both reasonable and in the public interest to grant the enabling order permitting the applicant to work with children.

Parties
Applicant: EGD; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
07 September 2020
Procedural Posture
Application for Enabling Order (administrative Review) / Final Decision
Outcome
Enabling order granted; applicant not treated as disqualified person; clearance to be issued.
Legal Topics
Working With Children Check, Disqualifying Offence, Enabling Order, Risk Assessment, Public Interest, Rehabilitation
Administrative Law Child Protection Equal Opportunity Working With Children Check Disqualifying Offence Enabling Order Risk Assessment Public Interest +1 more

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Parties

EGD

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for Enabling Order (administrative Review) / Final Decision

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety and well-being of children
  2. 2 Whether an enabling order should be granted to permit the applicant to work with children despite a disqualifying offence
  3. 3 Whether it is in the public interest to grant the order

Ratio Decidendi

The Tribunal, after considering the mandatory statutory factors, evidence of rehabilitation, lack of subsequent offences against children, expert psychological opinion indicating no current measurable risk, and the circumstances of the disqualifying offence, finds that the applicant does not pose a real and appreciable risk to the safety and well-being of children, and it is both reasonable and in the public interest to grant the enabling order permitting the applicant to work with children.

Court Disposition

Enabling order granted; applicant not treated as disqualified person; clearance to be issued.

Orders

  • Tribunal restricts disclosure identifying applicant or victims under s 64(1)(a) Civil and Administrative Tribunal Act 2013.
  • Applicant is not to be treated as a disqualified person for offence under s 66C(1) Crimes Act 1900 (NSW) for which he was convicted on 10 November 1995.