Law Must Help the Vulnerable

Herald Sun
March 1, 2012

www.heraldsun.com.au/opinion/editorials/law-must-help-the-vulnerable/story-e6frfhqo-1226285576506

Justice Iain Ross will be asking for community feedback on the new strategy for resolving issues at VCAT Photo by Mike Keating

THE Victorian Government is protecting the most vulnerable people in the community by changing laws allowing convicted sex offenders to work with children.

The Government is responding to a determined Herald Sun campaign by acknowledging that decisions taken by the Victorian Civil and Administrative Tribunal are not always in the interests of children and their parents.

The proposed changes are to prevent rulings in favour of applicants who have failed Working With Children checks, but then appealed against a decision by the Department of Justice not to grant them a permit.

In one of its most controversial decisions, VCAT overturned a working with children ban on an offender who stabbed another man to death.

He is believed to be the second convicted killer to win an appeal to VCAT after being rejected by the Department of Justice.

More than 40 sex offenders have successfully fought the bans since vetting began in 2006.

The priority for VCAT will also be in "the interests and welfare of children" rather than interests of offenders "assessed as posing an unacceptable risk".

The tribunal will have to be "satisfied a reasonable person would allow his or her child to have direct unsupervised contact with the applicant".

The safety of the child will be held paramount, as it should be.

Problems at VCAT are at crisis point and the newly appointed head of the tribunal, Justice Iain Ross, will ask for public comment on a new strategy he has developed to resolve these issues.

VCAT has often frustrated government attempts to limit the capacity of inner-city booze barns and 24-hour liquor sales and alcohol-fuelled violence.

A VCAT decision allowed a 10-storey redevelopment of historic Camberwell railway station after it was rejected by Boroondara Council.

One of VCAT's most puzzling decisions was its refusal to allow compensation to a schoolgirl who was bullied.

There has been a long history of wrong decisions and the sooner the community is able to see the details of Justice Ross's new directions the better.