FND v Children’s Guardian [2024] NSWCATAD 125

FND v Children’s Guardian [2024] NSWCATAD 125

FND has not overcome the statutory presumption that he poses a real and appreciable risk to the safety of children, based on the seriousness of his offences, ongoing lack of insight, problematic behaviour towards G.L., expert psychiatric evidence, and inability to satisfy the Tribunal that granting an enabling order would not place children at risk.

Parties
Applicant: FND; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
15 May 2024
Procedural Posture
Application for Enabling Order Under S 28(1) of the Child Protection (working With Children) Act 2012 / Final Determination – Dismissal of Application
Outcome
Application dismissed
Legal Topics
Working With Children, Enabling Orders, Risk Assessment, Child Abuse Material, Criminal Convictions and Statutory Presumptions
Administrative Law Child Protection Working With Children Enabling Orders Risk Assessment Child Abuse Material Criminal Convictions and Statutory Presumptions

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Parties

FND

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for Enabling Order Under S 28(1) of the Child Protection (working With Children) Act 2012 / Final Determination – Dismissal of Application

Legal Issues

  1. 1 Whether FND has rebutted the statutory presumption of posing a risk to the safety of children
  2. 2 Whether FND should be granted an enabling order permitting him to be treated as not disqualified for child-related work

Ratio Decidendi

FND has not overcome the statutory presumption that he poses a real and appreciable risk to the safety of children, based on the seriousness of his offences, ongoing lack of insight, problematic behaviour towards G.L., expert psychiatric evidence, and inability to satisfy the Tribunal that granting an enabling order would not place children at risk.

Court Disposition

Application dismissed

Orders

  • FND's application for an enabling order under s 28(1) of the Child Protection (Working with Children) Act 2012 is dismissed.