GFO v Children’s Guardian [2024] NSWCATAD 346

GFO v Children’s Guardian [2024] NSWCATAD 346

GFO did not displace the statutory presumption that he poses a real and appreciable risk to the safety of children due to his demonstrated lack of insight into the power imbalance of a teacher-student relationship, failure to acknowledge the breach of professional boundaries, and absence of evidence as to strategies or rehabilitation to prevent further risk, despite the passage of time since the offences. The Tribunal was not satisfied that a reasonable person would allow unsupervised contact with children and it was not in the public interest to make the enabling order.

Parties
Applicant: GFO; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
18 November 2024
Procedural Posture
Application for Enabling Order (administrative Review) / Final Decision by Tribunal
Outcome
Application dismissed
Legal Topics
Working With Children Check, Teacher Student Relationships, Risk Assessment, Power Imbalance, Public Interest, Criminal History Assessment
Administrative Law Child Protection Equal Opportunity Working With Children Check Teacher Student Relationships Risk Assessment Power Imbalance Public Interest +1 more

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Parties

GFO

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for Enabling Order (administrative Review) / Final Decision by Tribunal

Legal Issues

  1. 1 Whether GFO has displaced the statutory presumption that he poses a risk to the safety of children under the Child Protection (Working with Children) Act 2012 (NSW)
  2. 2 Whether a reasonable person would permit unsupervised contact between GFO and children in child-related work under s 30(1A) of the Act
  3. 3 Whether it is in the public interest to make an enabling order permitting GFO to apply for a Working with Children Check

Ratio Decidendi

GFO did not displace the statutory presumption that he poses a real and appreciable risk to the safety of children due to his demonstrated lack of insight into the power imbalance of a teacher-student relationship, failure to acknowledge the breach of professional boundaries, and absence of evidence as to strategies or rehabilitation to prevent further risk, despite the passage of time since the offences. The Tribunal was not satisfied that a reasonable person would allow unsupervised contact with children and it was not in the public interest to make the enabling order.

Court Disposition

Application dismissed

Orders

  • Dismiss the application.