CTM v Children's Guardian

The applicant, CTM, applied for a Working with Children check clearance under the Child Protection (Working with Children) Act 2012 (NSW). The application was for an enabling order under section 28 of the Act. The Children's Guardian opposed the application on the basis that the applicant was disqualified under section 63 of the Crimes Act 1900 (NSW) due to a disqualifying offence for assault with intent to rape. The dispute came before the court to determine whether the applicant had proven that he was not a risk to the safety of children.

The court was required to decide whether the applicant had discharged the onus of proving that he was not a risk to the safety of children. The court considered that the onus of proof was on the applicant and that the Tribunal was not bound by the rules of evidence. The court also needed to consider the assessment of the risk posed by the applicant.

The court found that the applicant had not discharged the onus of proof. The court considered the evidence and concluded that the applicant had not proven that he was not a risk to the safety of children. The court found that the applicant had committed a disqualifying offence for assault with intent to rape, which was a significant factor in the assessment of the risk posed by the applicant. The court held that the applicant had not provided sufficient evidence to rebut the presumption that he was a risk to the safety of children.

The application for an enabling order under section 28 of the Child Protection (Working with Children) Act 2012 (NSW) was refused and dismissed. The court held that the applicant had not discharged the onus of proving that he was not a risk to the safety of children. The court considered the evidence and concluded that the applicant had committed a disqualifying offence for assault with intent to rape, which was a significant factor in the assessment of the risk posed by the applicant. The court held that the applicant had not provided sufficient evidence to rebut the presumption that he was a risk to the safety of children.