FTB v Children’s Guardian [2024] NSWCATAP 174

FTB v Children’s Guardian [2024] NSWCATAP 174

The phrase 'risk to the safety of children' in s 16(4) of the Child Protection (Offenders Registration) Act 2000 (NSW) is broader than risk of Class 1 or Class 2 offences and requires the Tribunal to reach an actual state of satisfaction that no real and appreciable risk is posed; Tribunal did not err in law in refusing to make such a finding and followed correct statutory interpretation and evidentiary principles.

Parties
Appellant: FTB; First Respondent: Children's Guardian; Second Respondent: Commissioner of Police
Jurisdiction
Australia
Judgment Date
06 September 2024
Procedural Posture
Tribunal Appeal / Final Judgment on Appeal
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
Offender Registration, Suspension of Reporting Obligations, Statutory Interpretation, Risk Assessment, Questions of Law on Tribunal Appeal
Administrative Law Child Protection Law Offender Registration Suspension of Reporting Obligations Statutory Interpretation Risk Assessment Questions of Law on Tribunal Appeal

Case Brief

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Parties

FTB

Appellant

Children's Guardian

First Respondent

Commissioner of Police

Second Respondent

Procedural Posture

Tribunal Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether 'risk to the safety of children' in s 16(4) of the Child Protection (Offenders Registration) Act 2000 (NSW) is limited to risk of Class 1 or Class 2 offences
  2. 2 Whether Tribunal applied the correct legal test regarding satisfaction of no risk
  3. 3 Whether failure to consider certain evidence amounted to failure to consider a mandatory consideration or jurisdictional error

Ratio Decidendi

The phrase 'risk to the safety of children' in s 16(4) of the Child Protection (Offenders Registration) Act 2000 (NSW) is broader than risk of Class 1 or Class 2 offences and requires the Tribunal to reach an actual state of satisfaction that no real and appreciable risk is posed; Tribunal did not err in law in refusing to make such a finding and followed correct statutory interpretation and evidentiary principles.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • Leave to appeal is refused.
  • The appeal on questions of law is dismissed.