FMX v Children’s Guardian [2023] NSWCATAD 203

FMX v Children’s Guardian [2023] NSWCATAD 203

FMX has displaced the presumption that he poses a real and appreciable risk to the safety of children. The evidence shows a lengthy period of stability, absence of offending, proper management of mental health, positive character references, and strong rehabilitation. A reasonable person would permit their child unsupervised contact with FMX in child-related work, and granting the clearance is in the public interest.

Jurisdiction
Australia
Judgment Date
01 August 2023
Procedural Posture
Application for Enabling Order Under Child Protection (working With Children) Act 2012 (nsw) / Final Determination
Outcome
Enabling order granted; FMX declared not a disqualified person and issued WWCCC clearance.
Legal Topics
['working With Children Check' 'disqualified Persons' 'risk Assessment' 'rehabilitation' 'mental Health' 'public Interest' 'child Abuse Definition']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'disqualified Persons' 'risk Assessment' 'rehabilitation' 'mental Health' 'public Interest' 'child Abuse Definition']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Enabling Order Under Child Protection (working With Children) Act 2012 (nsw) / Final Determination

Legal Issues

  1. 1 ['Whether FMX poses a real and appreciable risk to the safety of children under Child Protection (Working with Children) Act 2012' 'Whether FMX has displaced the presumption of risk to children' 'Whether a reasonable person would allow their child to have unsupervised contact with FMX while he is engaged in child-related work' 'Whether granting a working with children clearance is in the public interest']

Ratio Decidendi

FMX has displaced the presumption that he poses a real and appreciable risk to the safety of children. The evidence shows a lengthy period of stability, absence of offending, proper management of mental health, positive character references, and strong rehabilitation. A reasonable person would permit their child unsupervised contact with FMX in child-related work, and granting the clearance is in the public interest.

Court Disposition

Enabling order granted; FMX declared not a disqualified person and issued WWCCC clearance.

Orders

  • ["Declare FMX is not to be considered a 'disqualified person' for the purposes of the Child Protection (Working with Children) Act 2012." 'FMX is to be granted a Working With Children Check Clearance forthwith.']