FMI v Children's Guardian [2023] NSWCATAD 9

FMI v Children's Guardian [2023] NSWCATAD 9

The applicant does not pose a real and appreciable risk to the safety of children; the presumption that he poses such a risk has been rebutted by evidence including the isolated nature of the offence, time since the offence, lack of subsequent offending, professional assessments, and references. It is in the public interest and objectively reasonable on the evidence to grant the enabling order and a Working with Children Check Clearance.

Jurisdiction
Australia
Judgment Date
09 January 2023
Procedural Posture
Application for Enabling Order (administrative) / Final Orders on the Papers
Outcome
Enabling order and Working with Children Check Clearance granted; non-publication order made.
Legal Topics
['working With Children Check Clearance' 'enabling Order' 'assessment of Risk to Children' 'disqualified Person Status']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'enabling Order' 'assessment of Risk to Children' 'disqualified Person Status']

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Procedural Posture

Application for Enabling Order (administrative) / Final Orders on the Papers

Legal Issues

  1. 1 ['Whether the applicant should be declared not a disqualified person for the purposes of section 28(1) of the Child Protection (Working with Children) Act 2012 (NSW)' 'Whether the onus of proving the applicant is not a risk to the safety of children has been discharged']

Ratio Decidendi

The applicant does not pose a real and appreciable risk to the safety of children; the presumption that he poses such a risk has been rebutted by evidence including the isolated nature of the offence, time since the offence, lack of subsequent offending, professional assessments, and references. It is in the public interest and objectively reasonable on the evidence to grant the enabling order and a Working with Children Check Clearance.

Court Disposition

Enabling order and Working with Children Check Clearance granted; non-publication order made.

Orders

  • ['It is declared that the applicant is not a disqualified person for the purposes of section 28(1) of the Child Protection (Working with Children) Act 2012 (NSW) in respect of the offence of indecent assault contrary to section 61E of the Crimes Act 1900 (NSW) entered on 13 December 1992.' 'The application for an...