EPN v Children’s Guardian [2022] NSWCATAD 184

EPN v Children’s Guardian [2022] NSWCATAD 184

EPN rebutted the statutory presumption that he posed a risk to the safety of children. Although the July 2020 sexual assault offence was serious, it involved an adult victim in a licensed nightclub, did not involve children, was an isolated incident associated with intoxication, and there was no evidence of a pattern of offending, adverse conduct since, child protection history, or improper behaviour towards children. EPN accepted responsibility and expressed remorse, and the Children's Guardian supported the application. The Tribunal was satisfied that EPN did not currently pose a real and appreciable risk to the safety and wellbeing of children, that a reasonable person aware of the...

Jurisdiction
Australia
Judgment Date
02 June 2022
Procedural Posture
Application for an Enabling Order Under S 28 of the Child Protection (working With Children) Act 2012 / Determined on the Papers
Outcome
Application granted; enabling order made and the Children's Guardian ordered to grant a working with children check clearance.
Legal Topics
['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'risk to Safety of Children' 'real and Appreciable Risk']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'risk to Safety of Children' 'real and Appreciable Risk']

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Procedural Posture

Application for an Enabling Order Under S 28 of the Child Protection (working With Children) Act 2012 / Determined on the Papers

Legal Issues

  1. 1 ['Whether EPN had rebutted the statutory presumption under s 28(7) of the Child Protection (Working with Children) Act 2012 that he posed a risk to the safety of children.' 'Whether EPN currently posed a real and appreciable risk to the safety and wellbeing of children if permitted to engage in child-related work.' 'Whether the requirements of s 30(1A) of the Child Protection (Working with Children) Act 2012 were satisfied, including the reasonable person test and the public interest test.']

Ratio Decidendi

EPN rebutted the statutory presumption that he posed a risk to the safety of children. Although the July 2020 sexual assault offence was serious, it involved an adult victim in a licensed nightclub, did not involve children, was an isolated incident associated with intoxication, and there was no evidence of a pattern of offending, adverse conduct since, child protection history, or improper behaviour towards children. EPN accepted responsibility and expressed remorse, and the Children's Guardian supported the application. The Tribunal was satisfied that EPN did not currently pose a real and appreciable risk to the safety and wellbeing of children, that a reasonable person aware of the...

Court Disposition

Application granted; enabling order made and the Children's Guardian ordered to grant a working with children check clearance.

Orders

  • ['The Tribunal declares that 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 his 2021 conviction of sexual assault s 352 (1) (a) Criminal Code Qld and grants an Enabling Order.' "Pursuant to subsection 28(6) of the...