GBQ v Children’s Guardian [2024] NSWCATAD 324

GBQ v Children’s Guardian [2024] NSWCATAD 324

The Tribunal found the applicant had rebutted the presumption of risk to children, the disqualifying offence was at the lower end of seriousness, and the applicant demonstrated insight and rehabilitation, supported by expert evidence. The Tribunal was satisfied that both the reasonable person test and the public interest test were met and accordingly granted an enabling order, requiring the Children's Guardian to issue a working with children check clearance to the applicant.

Parties
Applicant: GBQ; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
04 November 2024
Procedural Posture
Application for Enabling Order Under S 28 of the Child Protection (working With Children) Act 2012 / Principal Judgment
Outcome
Enabling order granted
Legal Topics
Working With Children Check, Enabling Order, Disqualified Person, Risk to Safety of Children, Child Protection
Administrative Law Equal Opportunity Working With Children Check Enabling Order Disqualified Person Risk to Safety of Children Child Protection

Case Brief

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Parties

GBQ

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for Enabling Order Under S 28 of the Child Protection (working With Children) Act 2012 / Principal Judgment

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children under the Child Protection (Working with Children) Act 2012 (NSW)
  2. 2 Whether a reasonable person would allow their child to have direct unsupervised contact with the applicant while engaged in child-related work
  3. 3 Whether it is in the public interest to grant an enabling order

Ratio Decidendi

The Tribunal found the applicant had rebutted the presumption of risk to children, the disqualifying offence was at the lower end of seriousness, and the applicant demonstrated insight and rehabilitation, supported by expert evidence. The Tribunal was satisfied that both the reasonable person test and the public interest test were met and accordingly granted an enabling order, requiring the Children's Guardian to issue a working with children check clearance to the applicant.

Court Disposition

Enabling order granted

Orders

  • The Tribunal declares that the Applicant is not to be treated as a Disqualified Person for the purposes of section 28(1) of the Child Protection (Working with Children) Act 2012 (NSW) in respect of the relevant offence.
  • The Children's Guardian is to grant a working with children check clearance to the applicant pursuant to section 28(6) of the Child Protection (Working with Children) Act 2012 (NSW).