FNT v Children’s Guardian [2023] NSWCATAD 79

FNT v Children’s Guardian [2023] NSWCATAD 79

Having considered the seriousness and circumstances of the offence, the applicant's conduct since the offence, findings of low risk by expert assessment, and the statutory framework, the Tribunal is satisfied that the applicant does not pose a real and appreciable risk to children. The presumption of risk is rebutted, a reasonable person would allow a child to have contact with the applicant, and it is in the public interest to grant an enabling order.

Parties
Applicant: FNT; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
31 March 2023
Procedural Posture
Administrative Review / Decision on the Papers
Outcome
Application for enabling order granted. Prohibition on identifying information reiterated. Clearance to be issued.
Legal Topics
Working With Children Check, Disqualification Under Child Protection (working With Children) Act, Risk Assessment of Applicant, Enabling Order, Public Interest Test
Administrative Law Child Protection Law Equal Opportunity Law Working With Children Check Disqualification Under Child Protection (working With Children) Act Risk Assessment of Applicant Enabling Order Public Interest Test

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 3 Authorities cited 13 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

FNT

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Decision on the Papers

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety and well-being of children for the purpose of s 28(7) of the Child Protection (Working with Children) Act 2012
  2. 2 Whether the presumption of risk has been rebutted under s 30(1) and (1A)
  3. 3 Whether an enabling order should be granted to the applicant so that he is not treated as a disqualified person for the purposes of working with children

Ratio Decidendi

Having considered the seriousness and circumstances of the offence, the applicant's conduct since the offence, findings of low risk by expert assessment, and the statutory framework, the Tribunal is satisfied that the applicant does not pose a real and appreciable risk to children. The presumption of risk is rebutted, a reasonable person would allow a child to have contact with the applicant, and it is in the public interest to grant an enabling order.

Court Disposition

Application for enabling order granted. Prohibition on identifying information reiterated. Clearance to be issued.

Orders

  • A hearing is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013.
  • The applicant is not to be treated as a disqualified person for the offence under s 61L of the Crimes Act 1900 (NSW) for which he was convicted on 18 November 2002.