BKP v Children's Guardian

In the case of BKP v Children's Guardian, the applicant sought an enabling order under section 28 of the NSW Child Protection (Working with Children) Act 2012, which was opposed by the Children's Guardian. The applicant had a disqualifying offence under section 61L of the NSW Crimes Act 1900 and needed clearance to work with children. The dispute centred on whether the applicant had demonstrated that he was not a risk to the safety of children, thereby warranting the grant of the enabling order.

The primary legal issue before the court was whether the applicant had discharged the onus of proving that he was not a risk to the safety of children, given the nature of his disqualifying offence. The court had to consider the principles governing the grant of an enabling order under the Act, including the standard of proof and the fact that the Tribunal was not bound by the rules of evidence. It was essential to determine if the applicant's evidence and circumstances were sufficient to convince the Tribunal that he posed no risk to children.

The court concluded that the applicant had failed to discharge the onus of proving he was not a risk to the safety of children. The evidence presented did not sufficiently alleviate the concerns arising from the disqualifying offence. Consequently, the application for an enabling order was refused. The court's reasoning was based on the applicant's inability to provide adequate evidence to demonstrate his suitability to work with children despite the disqualifying offence.

The final orders of the court were that the application filed on 23 July 2014 seeking an enabling order under section 28 of the Child Protection (Working with Children) Act 2012 was refused and dismissed. This decision upheld the Children's Guardian's opposition to the applicant's clearance application, maintaining the safety standards for individuals working with children.