DHB v Children's Guardian

The case of DHB v Children's Guardian involved the applicant, DHB, who sought an enabling order to permit them to engage in work with children, despite having a prior conviction for an offence that would otherwise disqualify them. The dispute was heard and determined by the Civil and Administrative Tribunal of New South Wales. The central issue before the tribunal was whether the applicant had discharged the onus of proving that they should not be treated as a disqualified person for the purposes of the Working With Children Act 2009 (NSW). Specifically, the tribunal had to assess whether the nature and circumstances of the offence, combined with the applicant's conduct since the offence, warranted the granting of an enabling order.

The tribunal examined the offence in question, which was a conviction for carnal knowledge of a female under the age of 16 years, committed in 1967. The tribunal considered the severity of the offence, the age of the offence, and the applicant's conduct in the intervening period, including their character references and absence of reoffending. The tribunal held that the applicant had met the required threshold by demonstrating that it was in the best interests of the community for them to be able to work with children, given their long period of good conduct and absence of any further offending. The tribunal was satisfied that the applicant had discharged the onus of proof and made the requisite findings to grant the enabling order.

The tribunal made an order that the applicant was not to be treated as a disqualified person for the offence in question. The tribunal further granted the application for an enabling order and directed the respondent, the Children's Guardian, to issue a Working With Children Check Clearance to the applicant. This decision effectively allows the applicant to engage in work with children, subject to the conditions and requirements of the Working With Children Act 2009 (NSW).