Man with DV convictions cleared to work with children as church minister

A man who was previously convicted of multiple domestic violence assaults has been granted a Working with Children Check (WWCC) to become a church minister.

The man's case is one of the last appeals filed in the NSW Civil and Administrative Tribunal (NCAT) before the state government changed the laws preventing the tribunal from overturning decisions made by the NSW Office of the Children's Guardian (OCG) about WWCCs.

The man, who cannot be named for legal reasons, was convicted of assaulting his former wife on multiple occasions in the 1990s before being charged with her attempted sexual assault in 2003, which was witnessed by at least one of their children.

He was also convicted of assaulting his current wife in 2012.

The man's application for a WWCC clearance was automatically denied last year due to the 2003 offence, but he appealed the decision in the tribunal in July last year.

Under child protection laws, certain crimes, including those involving sexual offences, automatically disqualify a person from being granted a WWCC clearance.

The tribunal last week overturned that decision and ordered that he be granted a WWCC clearance to allow him to become a church minister.

Among the reasons given for the NCAT's decision was "the significant passage of time" since his offending and that his victims were not children which meant "there are no objective factors which suggest risk to the safety of children".

Litany of prior convictions

According to court documents, during the 2003 incident the man dragged his victim into their bedroom while she screamed, waking up their children.

He then threw her on the bed and removed her pants and underwear while she pleaded for him to stop.

During the assault, one of their children knocked on the bedroom door threatening to call police.

The police later forced entry when they heard the woman screaming, where they found the victim "visibly upset" and the children "clearly distressed".

The man was initially charged with attempted sexual intercourse without consent before later pleading guilty to assault with act of indecency.

Court documents also show he was previously convicted of several other domestic violence offences against his ex-wife, including dragging her by the throat and punching her in the back of the head.

He was again convicted of assaulting the same victim in 2007, and ordered to comply with an apprehended domestic violence order.

After re-marrying, he was then convicted of assaulting his current wife in 2012, when he admitted to pushing her.

Appeal to tribunal included psychologist report

In appealing the decision to deny him a clearance, the man told the tribunal he wanted to become a minister at his local church, which required a WWCC.

The man presented a report from a forensic psychologist, which said he had "not engaged in sexual re-offending for over 20 years and has not offended for a period of 13 years".

The report said he presented a "low risk of re-offending or harm to children" and that he "demonstrates remorse and insight into his past offending".

The tribunal also heard the man had abstained from drinking alcohol for more than 20 years which "removed a significant contributor to his past offending".

The tribunal ordered that his WWCC clearance be granted by the OCG, stating: "There is a public interest in individuals contributing to the activities of religious organisations."

The OCG can only appeal a decision by NCAT if it believes there is an error in law, but it is very rare.

As of September last year, NCAT can no longer overturn decisions made by the OCG.

Under the new laws, appeals against decisions about WWCC clearances will be dealt with by an internal reviews process within the OCG.