FJB v Children’s Guardian [2022] NSWCATAD 304

FJB v Children’s Guardian [2022] NSWCATAD 304

The Tribunal concluded that the applicant did not discharge the onus of rebutting the presumption that he is a risk to children, relying on criminal history, expert evidence indicating moderate risk of future violent and sexual behaviour, lack of demonstrated commitment or means for treatment, and cumulative assessment of risk factors under s 30(1). Consequently, an enabling order was refused.

Jurisdiction
Australia
Judgment Date
21 September 2022
Procedural Posture
Administrative Review / Final Determination
Outcome
Application refused
Legal Topics
['working With Children Check Clearance' 'enabling Order' 'risk Assessment']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'enabling Order' 'risk Assessment']

Case Brief

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether applicant has rebutted the presumption that he poses a risk to the safety of children under s 28(7) Child Protection (Working with Children) Act 2012 (NSW)' 'Whether an enabling order should be made under s 28 of the Act' 'Assessment of risk to children regarding applicant’s criminal history and likelihood of repetition']

Ratio Decidendi

The Tribunal concluded that the applicant did not discharge the onus of rebutting the presumption that he is a risk to children, relying on criminal history, expert evidence indicating moderate risk of future violent and sexual behaviour, lack of demonstrated commitment or means for treatment, and cumulative assessment of risk factors under s 30(1). Consequently, an enabling order was refused.

Court Disposition

Application refused

Orders

  • ['The application for an enabling order under s 28 of the Child Protection (Working with Children) Act 2012 (NSW) is refused.']