GGE v Children’s Guardian [2024] NSWCATAD 330

GGE v Children’s Guardian [2024] NSWCATAD 330

GGE remains a disqualified person under the WWC Act because the conduct for which he was convicted, though the statutory offence was repealed, continues to be criminal under current law; the Tribunal was not satisfied that GGE does not pose a risk to the safety of children, as required to grant an enabling order,...

Source-derived case information.

Parties
Applicant: GGE; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
07 November 2024
Procedural Posture
Administrative Review / Final Determination
Outcome
Application refused
Legal Topics
Working With Children Check Clearances, Disqualifying Offences, Enabling Order Refusal, Risk to the Safety of Children, Domestic Violence Convictions, Criminal History Assessment
Administrative Law Working With Children Check Clearances Disqualifying Offences Enabling Order Refusal Risk to the Safety of Children Domestic Violence Convictions Criminal History Assessment

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Parties

GGE

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Is GGE a disqualified person under the WWC Act?
  2. 2 Should an enabling order be granted to GGE under s 28 of the WWC Act?

Ratio Decidendi

GGE remains a disqualified person under the WWC Act because the conduct for which he was convicted, though the statutory offence was repealed, continues to be criminal under current law; the Tribunal was not satisfied that GGE does not pose a risk to the safety of children, as required to grant an enabling order, due to his lack of insight, absence of remorse, and history of domestic violence, some in the presence of children, and failure to provide sufficient evidence to rebut the presumption of risk.

Court Disposition

Application refused

Orders

  • The time for making the application is extended to 1 March 2024 pursuant to section 41 of the Civil and Administrative Tribunal Act 2013.
  • The application for an enabling order under s 28 of the Child Protection (Working with Children) Act 2012 (NSW) is refused.