FVO v Children's Guardian [2023] NSWCATAD 323

FVO v Children's Guardian [2023] NSWCATAD 323

The Tribunal was affirmatively satisfied that the applicant does not pose a real and appreciable risk to the safety of children, in light of the isolated nature and relative seriousness of the offence, significant period without further offending, evidence of rehabilitation, and positive character. The presumption of risk under s 28(7) was rebutted. It is in the public interest for the applicant to be granted a clearance.

Parties
Applicant: FVO; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
14 December 2023
Procedural Posture
Application for Enabling Order Under Child Protection (working With Children) Act 2012 (nsw) / Hearing and Final Determination
Outcome
Enabling order and Working with Children Check clearance granted. Applicant not to be treated as a disqualified person regarding the relevant offence. Publication restrictions apply to names and identifying particulars.
Legal Topics
Working With Children Check, Enabling Orders, Risk Assessment, Disqualified Persons, Sexual Assault, Procedural Fairness
Administrative Law Child Protection Equal Opportunity Working With Children Check Enabling Orders Risk Assessment Disqualified Persons Sexual Assault +1 more

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 60 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

FVO

Applicant

Children's Guardian

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children in light of a disqualifying offence and criminal history
  2. 2 Whether an enabling order and consequent Working with Children Check clearance should be granted
  3. 3 Application of section 30(1) and 30(1A) Child Protection (Working with Children) Act 2012 (NSW)

Ratio Decidendi

The Tribunal was affirmatively satisfied that the applicant does not pose a real and appreciable risk to the safety of children, in light of the isolated nature and relative seriousness of the offence, significant period without further offending, evidence of rehabilitation, and positive character. The presumption of risk under s 28(7) was rebutted. It is in the public interest for the applicant to be granted a clearance.

Court Disposition

Enabling order and Working with Children Check clearance granted. Applicant not to be treated as a disqualified person regarding the relevant offence. Publication restrictions apply to names and identifying particulars.

Orders

  • Order declaring the applicant is not to be treated as a disqualified person for the relevant offence under Child Protection (Working with Children) Act 2012 (NSW) s 28(1)
  • Application for enabling order is granted