FVJ v Children's Guardian [2023] NSWCATAD 327

FVJ v Children's Guardian [2023] NSWCATAD 327

The Tribunal found the applicant posed an unacceptable risk to children and could not be affirmatively satisfied that the applicant does not pose a real and appreciable risk to their safety; therefore, the application for an enabling order must be dismissed. The paramount consideration is child protection, and the applicant did not demonstrate mitigation, insight, or sustained progress to overcome risk factors.

Jurisdiction
Australia
Judgment Date
19 December 2023
Procedural Posture
Administrative Law Application / Final Hearing and Decision
Outcome
Application dismissed
Legal Topics
['working With Children Check' 'enabling Order' 'risk Assessment' 'child Abuse Prevention' 'non Publication Order']
['administrative Law' 'child Protection' 'equal Opportunity Law'] ['working With Children Check' 'enabling Order' 'risk Assessment' 'child Abuse Prevention' 'non Publication Order']

Case Brief

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Procedural Posture

Administrative Law Application / Final Hearing and Decision

Legal Issues

  1. 1 ['Whether applicant poses a real and appreciable risk to the safety of children' 'Whether enabling order under section 28 of the Child Protection (Working with Children) Act 2012 should be granted' 'Whether it would be in the public interest to grant the applicant a clearance']

Ratio Decidendi

The Tribunal found the applicant posed an unacceptable risk to children and could not be affirmatively satisfied that the applicant does not pose a real and appreciable risk to their safety; therefore, the application for an enabling order must be dismissed. The paramount consideration is child protection, and the applicant did not demonstrate mitigation, insight, or sustained progress to overcome risk factors.

Court Disposition

Application dismissed

Orders

  • ['Order that the application for an enabling order under section 28 of the Child Protection (Working with Children) Act 2012 filed 18 May 2023 be dismissed.' 'With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these...