EJJ v Children’s Guardian [2021] NSWCATAD 80

EJJ v Children’s Guardian [2021] NSWCATAD 80

EJJ is not a real and appreciable risk to the safety of children for the purposes of the Child Protection (Working with Children) Act 2012, due to the passage of time since the offences, absence of subsequent offending, demonstration of insight, and consideration of all mandatory statutory factors.

Jurisdiction
Australia
Judgment Date
30 March 2021
Procedural Posture
Administrative Review / Final Determination
Outcome
Enabling order granted; previous decision set aside
Legal Topics
['working With Children Checks' 'disqualifying Offences' 'enabling Order' 'risk Assessment']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Checks' 'disqualifying Offences' 'enabling Order' 'risk Assessment']

Case Brief

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether EJJ should be granted an enabling order under s 28 of the Child Protection (Working with Children) Act 2012' 'Whether EJJ has rebutted the presumption that he poses a risk to the safety and well-being of children']

Ratio Decidendi

EJJ is not a real and appreciable risk to the safety of children for the purposes of the Child Protection (Working with Children) Act 2012, due to the passage of time since the offences, absence of subsequent offending, demonstration of insight, and consideration of all mandatory statutory factors.

Court Disposition

Enabling order granted; previous decision set aside

Orders

  • ['Declare EJJ is not a disqualified person in relation to a conviction of sexual intercourse without consent (s61I of the Crimes Act 1900) on 12 May 1998 at Wollongong for the purposes of the Child Protection (Working with Children) Act 2012.' "The decision of the Children's Guardian of 3 June 2020 is set aside."...