A CONVICTED child sex offender who molested a boy while he slept has been given the green light to work with kids because it is in the "public interest" and a lack of proof he "is a predator". The man successfully appealed for the right to work with kids despite admitting sexually assaulting a 16-year-old boy while his mother slept next door.
The Herald Sun cannot name the man, who is now free to follow plans to work with education providers.
The State Government rejected the man's application, but because the sex offender has shown "shame, remorse and empathy for his victim", and had "come to terms with his sexual identity", VCAT granted his application.
The State Government is considering an appeal.
The offence happened in 2005 when the 16-year-old boy was staying at the man's bed-and-breakfast.
After the boy went to sleep, the man crept into his room and indecently assaulted him.
If the offender committed the offence today, he would be put on the Sex Offenders Register for eight years.
He pleaded guilty in 2006 but was spared jail, receiving a $1500 fine.
The man - who works in the hospitality industry - applied to the State Government for a certificate to work with children.
The Government rejected his application, leading him to appeal to VCAT.
In fighting the application, state government lawyers argued the man had no references from employers or friends.
But in her judgment, VCAT vice-president Judge Sandra Davis said the man, now in his 50s, "was depressed at the time, withdrawn and isolated, and suffering after the break-up of his first homosexual relationship".
Judge Davis also ruled that although the age gap between his teenage victim "is significant, it is also relevant that the victim was not a very young child, which would exacerbate the offence".
She also pointed to psychologist reports that found the offence happened because of "his low self-esteem and his inner conflict about his own sexuality", and was a low-risk of reoffending.
The psychologist report also found it was significant the offender "had no interest in pornography or involvement with minors", and that while his assault on the boy was "predatory", he was not a predator.
In approving his application, Judge Davis said she was "satisfied that it is in the public interest to give the applicant the assessment notice he seeks".
"I am satisfied ... that giving an assessment notice would not pose an unjustifiable risk to the safety of children," she said.
A Justice Department spokeswoman said: "The Department of Justice opposes the granting of a Working with Children Check in this application.
"The Department of Justice is assessing VCAT's decision and is seeking legal advice on any grounds for further review."
heraldsun.com.au 16 Jun 2011
This is another example of how the law works against the masses.
A child molester is set free.
This is done on purpose by the politician and the law makers in order to create disharmony within the masses.
It is not their children that are molested, so it does not matter to them if he is free.
The government allows and supports these types of decisions
The government's policy is to censorship the internet to protect 'our' children yet it lets out molesters.
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