GBY v Children’s Guardian [2024] NSWCATAD 160

GBY v Children’s Guardian [2024] NSWCATAD 160

The applicant has rebutted the presumption that he poses a real and appreciable risk to the safety and well-being of children; the conduct was contextually unusual and out of character, there is no evidence of risk to children or repetition, and the applicant is suitable for working with children. The Tribunal is satisfied that a reasonable person would allow unsupervised access and that granting the enabling order is in the public interest.

Parties
Applicant: GBY; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
14 June 2024
Procedural Posture
Application for Enabling Order Under Child Protection (working With Children) Act 2012 / Final Decision
Outcome
Application for enabling order granted; applicant not to be treated as a disqualified person; Working with Children Check Clearance to be granted.
Legal Topics
Working With Children Check, Disqualifying Offences, Enabling Order, Risk Assessment, Public Interest
Administrative Law Child Protection Equal Opportunity Working With Children Check Disqualifying Offences Enabling Order Risk Assessment Public Interest

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Parties

GBY

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for Enabling Order Under Child Protection (working With Children) Act 2012 / Final Decision

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety and well-being of children and young persons
  2. 2 Whether the applicant should be granted an enabling order to allow working with children
  3. 3 Whether the applicant has rebutted the statutory presumption of risk under s 28(7)

Ratio Decidendi

The applicant has rebutted the presumption that he poses a real and appreciable risk to the safety and well-being of children; the conduct was contextually unusual and out of character, there is no evidence of risk to children or repetition, and the applicant is suitable for working with children. The Tribunal is satisfied that a reasonable person would allow unsupervised access and that granting the enabling order is in the public interest.

Court Disposition

Application for enabling order granted; applicant not to be treated as a disqualified person; Working with Children Check Clearance to be granted.

Orders

  • Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the Tribunal restricts disclosure of the name of the applicant, his victims or evidence likely to identify those persons.
  • The applicant is not to be treated as a disqualified person for the offence under section 35(3) of the Police Offences Act 1935 (TAS) for which he was convicted on 15 September 2023.