FZG V Children’s Guardian [2025] NSWCATAD 21

FZG V Children’s Guardian [2025] NSWCATAD 21

The applicant has not displaced the statutory presumption under s 28(7) of the Child Protection (Working with Children) Act 2012 that he poses a risk to the safety of children. The offence was of at least mid-range severity, involved the use of force, occurred relatively recently, the applicant has not undertaken required interventions, and his insight and acceptance of full responsibility are lacking. There remains a real and appreciable risk of reoffending. Accordingly, the application for an enabling order is refused.

Parties
Applicant: FZG; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
17 January 2025
Procedural Posture
Application for Enabling Order Under S 28(1) of the Child Protection (working With Children) Act 2012 (nsw) / Final Decision
Outcome
Application for enabling order refused
Legal Topics
Working With Children Check, Enabling Order Application, Disqualified Persons, Sexual Offence Conviction, Risk to Safety of Children
Administrative Law Child Protection Working With Children Check Enabling Order Application Disqualified Persons Sexual Offence Conviction Risk to Safety of Children

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Parties

FZG

Applicant

Children's Guardian

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has displaced the statutory presumption that he poses a risk to the safety of children under s 28(7) of the Child Protection (Working with Children) Act 2012 (NSW)
  2. 2 Whether the Tribunal should grant an enabling order permitting the applicant to be treated as not a disqualified person

Ratio Decidendi

The applicant has not displaced the statutory presumption under s 28(7) of the Child Protection (Working with Children) Act 2012 that he poses a risk to the safety of children. The offence was of at least mid-range severity, involved the use of force, occurred relatively recently, the applicant has not undertaken required interventions, and his insight and acceptance of full responsibility are lacking. There remains a real and appreciable risk of reoffending. Accordingly, the application for an enabling order is refused.

Court Disposition

Application for enabling order refused

Orders

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