GGM v Children’s Guardian [2024] NSWCATAD 296

GGM v Children’s Guardian [2024] NSWCATAD 296

The Tribunal was satisfied the applicant had rebutted the presumption of real and appreciable risk to the safety of children, having regard to the circumstances of the offence (which did not involve children), time elapsed, absence of other criminal history, psychological evidence of very low risk of reoffending, and support from the respondent. The Tribunal further found that both the reasonable person test and public interest test were met: a reasonable person would allow their child unsupervised contact with the applicant in child-related work, and it was in the public interest to grant the applicant a working with children check.

Parties
Applicant: GGM; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
09 October 2024
Procedural Posture
Application for Enabling Order / Final Decision
Outcome
Application allowed; enabling order granted
Legal Topics
Working With Children Check, Disqualified Persons, Enabling Orders, Risk Assessment, Fitness to Work With Children
Administrative Law Child Protection Law Working With Children Check Disqualified Persons Enabling Orders Risk Assessment Fitness to Work With Children

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Parties

GGM

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for Enabling Order / Final Decision

Legal Issues

  1. 1 Whether the applicant should be declared not a disqualified person under section 28(1) of the Child Protection (Working with Children) Act 2012 (NSW) in respect of the offence under s 91K(1) of the Crimes Act 1900 (NSW)
  2. 2 Whether the applicant poses a real and appreciable risk to the safety of children
  3. 3 Whether a reasonable person would allow their child to have direct contact with the applicant in child-related work, and whether it is in the public interest to grant the clearance

Ratio Decidendi

The Tribunal was satisfied the applicant had rebutted the presumption of real and appreciable risk to the safety of children, having regard to the circumstances of the offence (which did not involve children), time elapsed, absence of other criminal history, psychological evidence of very low risk of reoffending, and support from the respondent. The Tribunal further found that both the reasonable person test and public interest test were met: a reasonable person would allow their child unsupervised contact with the applicant in child-related work, and it was in the public interest to grant the applicant a working with children check.

Court Disposition

Application allowed; enabling order granted

Orders

  • It is declared the applicant is not a Disqualified Person for the purposes of section 28(1) of the Child Protection (Working with Children) Act 2012 (NSW) in respect of the offence under s 91K(1) of the Crimes Act 1900 (NSW) for which the applicant pleaded guilty and was discharged under s 10(1)(b) of the Crimes...
  • The Children's Guardian is to grant a working with children check clearance to the applicant pursuant to section 28(6) of Child Protection (Working with Children) Act 2012 (NSW) without delay.