GCP v Children’s Guardian [2025] NSWCATAD 9

GCP v Children’s Guardian [2025] NSWCATAD 9

GCP remains a disqualified person under the WWC Act due to his 1988 conviction for indecent assault of a child, as the conduct is still an offence under current legislation. The Tribunal was not positively satisfied that the presumption of risk had been rebutted, considering seriousness of the offence, lack of corroborative evidence, and the possibility of undetected or untested allegations. Therefore, the application for an enabling order is dismissed.

Parties
Applicant: GCP; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
09 January 2025
Procedural Posture
Application for an Enabling Order / Final Decision
Outcome
Application dismissed
Legal Topics
Working With Children Check, Disqualifying Offence, Enabling Order, Risk Assessment, Child Abuse Protection, Administrative Review
Administrative Law Working With Children Check Disqualifying Offence Enabling Order Risk Assessment Child Abuse Protection Administrative Review

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Parties

GCP

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for an Enabling Order / Final Decision

Legal Issues

  1. 1 Is GCP a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 (NSW)?
  2. 2 Should an enabling order be made under s 28 of the Child Protection (Working with Children) Act 2012 (NSW)?

Ratio Decidendi

GCP remains a disqualified person under the WWC Act due to his 1988 conviction for indecent assault of a child, as the conduct is still an offence under current legislation. The Tribunal was not positively satisfied that the presumption of risk had been rebutted, considering seriousness of the offence, lack of corroborative evidence, and the possibility of undetected or untested allegations. Therefore, the application for an enabling order is dismissed.

Court Disposition

Application dismissed

Orders

  • The application for an enabling order is dismissed.