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NSW Dismissed of Sexual Assault Charge - Disqualified from Working With Children Check?

Discussion in 'Criminal Law Forum' started by JohnDoe2016, 25 May 2016.

  1. JohnDoe2016

    JohnDoe2016 Member

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    Hi,

    I need to apply for a working with children card as a requirement to run children's Jiu Jitsu classes at my new gym (I won't be teaching the children, though, another employee is) and I am concerned about some charges I fought back in 1999 that were dismissed.

    In 1999 my ex-wife, in an attempt to stop me seeing my children, and a few of her friends went to the Police with a story that later had me charged with 11 counts of (I think) aggravated sexual assault on a minor under 16 years. I fought the charges in court for about 7 months and they were eventually dismissed when one of the 'witnesses' changed their statement.

    According to the checking site, there is a list of offenses that lead to automatic disqualification to the working with children card, but I am not sure if this will apply to my circumstance. On the information of "what gets checked" it says (Disqualifying offences (Schedule 2));

    "A detailed list of Schedule 2 offences is set out in the table below. A person convicted of (or awaiting trial for) any of these offences, committed as an adult, will be automatically barred.

    A Working With Children Check involves a full review of a person’s national criminal history, including convictions (whether spent or unspent), charges (whether heard, unheard or dismissed) and juvenile records."

    Besides another complaint in 1999 by my ex, accusing me of assaulting my daughter (again, more lies to try and stop me seeing my children) which I was questioned but was never charged for (I was able to provide proof it didn't happen). I have no other criminal record.

    Will I be disqualified from the working with children card? And is it possible to have these dismissed charges removed from my criminal history?
     
  2. Rod

    Rod Well-Known Member

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    Sorry can't help with the working with children query.

    Curious though whether police charged your ex with any kind of offence for wasting their time?

    Greatly annoys me when women make false accusations of sexual crimes against their children for revenge or in an attempt to get sole custody of children. It diminishes genuine claims for a particularly nasty crime and wastes police resources that are better spent chasing the people who really do commit these crimes. Women who do make these false claims should be punished to send a clear message that this behaviour is not acceptable.
     
  3. JohnDoe2016

    JohnDoe2016 Member

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    Thanks for your reply.

    No, nothing was done about it. I saw the police about it and they suggested I leave it because it would look like retaliation and wouldn't get anywhere in court. It has basically ruined my life.
     
  4. Rod

    Rod Well-Known Member

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    :( Pity you have left it so long. You might have had a good case for civil action you could have taken if the police did nothing. 15 years ago means you're outside the statute of limitations.
     

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