EJG v Children’s Guardian [2020] NSWCATAD 305

EJG v Children’s Guardian [2020] NSWCATAD 305

The applicant does not pose a real and appreciable risk to the safety or well-being of children; sufficient evidence was received to rebut the statutory presumption of risk pursuant to s 28(7) of the Act, considering the seriousness and circumstances of the offence (which did not involve a child), the applicant's conduct since the offence, and expert evidence suggesting a low risk of reoffending, especially regarding children.

Parties
Applicant: EJG; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
10 December 2020
Procedural Posture
Administrative Review / Final Determination
Outcome
Application granted; enabling order made
Legal Topics
Working With Children Check Clearance, Disqualifying Offences, Risk Assessment, Enabling Order
Administrative Law Child Protection Working With Children Check Clearance Disqualifying Offences Risk Assessment Enabling Order

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Parties

EJG

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Whether the applicant should be granted an enabling order under s 28 of the Child Protection (Working with Children) Act 2012
  2. 2 Whether the applicant poses a real and appreciable risk to the safety and well-being of children

Ratio Decidendi

The applicant does not pose a real and appreciable risk to the safety or well-being of children; sufficient evidence was received to rebut the statutory presumption of risk pursuant to s 28(7) of the Act, considering the seriousness and circumstances of the offence (which did not involve a child), the applicant's conduct since the offence, and expert evidence suggesting a low risk of reoffending, especially regarding children.

Court Disposition

Application granted; enabling order made

Orders

  • Declare the applicant is not a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012.
  • The decision of the Children's Guardian of 18 May 2020 is set aside.