FJY v Children's Guardian [2022] NSWCATAD 306

FJY v Children's Guardian [2022] NSWCATAD 306

The Tribunal found the applicant has displaced the statutory presumption that he poses a risk to the safety of children based on the historical nature, absence of child victims, elapsed time since offences, remorse, lack of subsequent offending and expert and police reports. A reasonable person would allow unsupervised access by the applicant, and granting a clearance is consistent with the public interest and the Act's protective purpose.

Parties
Applicant: FJY; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
16 September 2022
Procedural Posture
Administrative Review / Principal Judgment
Outcome
Application for enabling order granted; applicant not a disqualified person; WWCCC clearance to be issued.
Legal Topics
Working With Children Check, Enabling Order, Risk Assessment, Indecent Assault, Safety and Welfare of Children
Administrative Law Child Protection Working With Children Check Enabling Order Risk Assessment Indecent Assault Safety and Welfare of Children

Case Brief

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Parties

FJY

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Principal Judgment

Legal Issues

  1. 1 Whether applicant poses a real and appreciable risk to the safety of children under s 28(7) of the Child Protection (Working with Children) Act 2012 (NSW)
  2. 2 Whether a reasonable person would allow a child unsupervised contact with the applicant under s 30(1A)(a) of the Act
  3. 3 Whether granting a clearance is in the public interest under s 30(1A)(b) of the Act

Ratio Decidendi

The Tribunal found the applicant has displaced the statutory presumption that he poses a risk to the safety of children based on the historical nature, absence of child victims, elapsed time since offences, remorse, lack of subsequent offending and expert and police reports. A reasonable person would allow unsupervised access by the applicant, and granting a clearance is consistent with the public interest and the Act's protective purpose.

Court Disposition

Application for enabling order granted; applicant not a disqualified person; WWCCC clearance to be issued.

Orders

  • Requirement of hearing dispensed with; matter determined on the papers under s 50(2) of Civil and Administrative Tribunal Act 2013 (NSW).
  • Applicant declared not a disqualified person for purposes of s 28(1) Child Protection (Working with Children) Act 2012 (NSW) in respect of indecent assault under s 61L Crimes Act 1900.