EPQ v Children’s Guardian [2022] NSWCATAD 129

EPQ v Children’s Guardian [2022] NSWCATAD 129

Having regard to the evidence and the s 30(1) factors, the Tribunal was satisfied that the applicant rebutted the presumption that he posed a real and appreciable risk to the safety of children. Although the 2003 aggravated indecent assault offences were very serious, they occurred about 20 years earlier; the applicant had no other criminal record, no complaints involving children, stable employment and community support, long-term compliance with treatment and medication, genuine remorse, and expert evidence assessed the likelihood of repetition as low. The Tribunal was also satisfied under s 30(1A) that a reasonable person would allow unsupervised direct contact with the applicant while...

Jurisdiction
Australia
Judgment Date
21 April 2022
Procedural Posture
Application for an Enabling Order and a Working With Children Check Clearance / Final Decision in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales
Outcome
Application granted; enabling order made and Children's Guardian directed to grant a working with children check clearance.
Legal Topics
['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'risk to the Safety of Children' 'aggravated Indecent Assault']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'risk to the Safety of Children' 'aggravated Indecent Assault']

Case Brief

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Procedural Posture

Application for an Enabling Order and a Working With Children Check Clearance / Final Decision in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether the applicant should be declared not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of his October 2003 convictions.' 'Whether the applicant rebutted the presumption under s 28(7) of the Child Protection (Working with Children) Act 2012 that he poses a risk to the safety of children.' 'Whether the requirements in s 30(1A) of the Child Protection (Working with Children) Act 2012 were satisfied so that the Tribunal could make the orders sought.' "Whether the Children's Guardian should be required to grant the applicant a working with children check clearance."]

Ratio Decidendi

Having regard to the evidence and the s 30(1) factors, the Tribunal was satisfied that the applicant rebutted the presumption that he posed a real and appreciable risk to the safety of children. Although the 2003 aggravated indecent assault offences were very serious, they occurred about 20 years earlier; the applicant had no other criminal record, no complaints involving children, stable employment and community support, long-term compliance with treatment and medication, genuine remorse, and expert evidence assessed the likelihood of repetition as low. The Tribunal was also satisfied under s 30(1A) that a reasonable person would allow unsupervised direct contact with the applicant while...

Court Disposition

Application granted; enabling order made and Children's Guardian directed 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 conviction, in October 2003, of three offences of aggravated indecent assault contrary to s 61M(1) of the Crimes Act 1900 (NSW).'...