BFX v Children's Guardian

The case of BFX v Children's Guardian involves an application for an enabling order by a disqualified person seeking to overturn a decision by the Children's Guardian under the Child Protection (Working with Children) Act 2012. The applicant, who had previously been convicted of an offence of sexual intercourse without consent under section 61I of the Crimes Act 1900, sought to have his disqualification lifted to allow him to work with children. The applicant argued that the offence, which occurred 16 years prior, should not prevent him from obtaining a clearance, and that he no longer posed a risk to the safety of children.

The primary legal issue for the court was whether the applicant had successfully rebutted the presumption that he posed a risk to the safety of children. The court had to consider the nature of the offence, the time elapsed since the conviction, and the applicant's circumstances at the time of the offence, which involved a woman who was only a year younger than him. Furthermore, the court had to determine whether the Tribunal was bound by the rules of evidence and if the applicant had met the required standard of proof.

The court found that the applicant had effectively rebutted the presumption that he posed a risk to the safety of children. The court noted that the Tribunal was not bound by the rules of evidence and could make its decision based on the balance of probabilities. The court accepted the applicant's evidence that he was not a risk to the safety of children, taking into account the nature of the offence, the time elapsed, and the applicant's current circumstances. The court was satisfied that the applicant had met the required standard of proof.

Consequently, the court granted the applicant's application for an enabling order, declaring that he should not be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012. The court ordered that the Children's Guardian grant the applicant a working with Children clearance, effective immediately.