ERR v Children’s Guardian [2022] NSWCATAD 101

ERR v Children’s Guardian [2022] NSWCATAD 101

The Tribunal finds, based on consideration of the evidence, applicant's conduct since the offence, statutory presumptions and expert opinion, that the applicant does not pose a real and appreciable risk to the safety and well-being of children. Therefore the presumption is rebutted and an enabling order is appropriate.

Jurisdiction
Australia
Judgment Date
23 March 2022
Procedural Posture
Administrative Review / Final Determination
Outcome
Application granted
Legal Topics
['child Protection' 'working With Children' 'disqualifying Offences' 'enabling Order' 'risk Assessment']
['administrative Law' 'equal Opportunity'] ['child Protection' 'working With Children' 'disqualifying Offences' 'enabling Order' 'risk Assessment']

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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' 'Whether the applicant poses a real and appreciable risk to the safety and well-being of children' 'Whether granting a clearance is in the public interest']

Ratio Decidendi

The Tribunal finds, based on consideration of the evidence, applicant's conduct since the offence, statutory presumptions and expert opinion, that the applicant does not pose a real and appreciable risk to the safety and well-being of children. Therefore the presumption is rebutted and an enabling order is appropriate.

Court Disposition

Application granted

Orders

  • ['A hearing is dispensed with pursuant to s 50(2) Civil and Administrative Tribunal Act 2013.' 'The applicant is not to be treated as a disqualified person for the offences for which he was convicted on 14 April 2010.' 'Application for an enabling order is granted.' 'Respondent is to grant the applicant a Working...