BYR v Children's Guardian

The applicant, BYR, brought an application against the Children's Guardian in relation to the refusal to grant him a working with children clearance. The applicant had previously been convicted of rape in 1971 and sought to overturn the presumption that he was a risk to children. The case was heard in the Supreme Court of Queensland.

The primary legal issue was whether the applicant could successfully challenge the presumption of risk to children arising from his past conviction. This involved an examination of the legislative framework, particularly the Child Protection (Working with Children) Act 2012. The court needed to determine if the applicant had demonstrated that he was not a risk to children, thereby justifying the granting of a working with children clearance.

The court found that the applicant had satisfied the requirements to rebut the presumption of risk. The evidence presented demonstrated that the applicant had not posed a risk to children in the intervening years since his conviction. Consequently, the presumption of risk was not applicable, and the applicant was not a disqualified person under the Act. The court ordered that the applicant should not be treated as a disqualified person and mandated the Children's Guardian to issue a working with children clearance to the applicant.

In accordance with the judgment, the court declared that the applicant was not to be treated as a disqualified person in respect of his 1971 rape conviction. Furthermore, the Children's Guardian was directed to grant the applicant a working with children clearance under the provisions of the Child Protection (Working with Children) Act 2012.