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Man with child abuse convictions allowed to work in law firm

An NSW man convicted of child sexual offences will be allowed to complete practical legal training.

user iconNaomi Neilson 23 January 2024 Big Law
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NSW Civil and Administrative Tribunal (NCAT) deputy president Stuart Westgarth granted the tribunal’s approval for the man – whose identity has been protected – to complete his mandatory practical legal training as part of his studying requirements.

In mid-2017, the man faced decades behind bars for committing 10 online child sexual offences, including six counts of engaging in sexual activity using a carriage service with a person under 16.

He acknowledged the behaviour was “predatory and exploitative” and the offending was “rightly regarded as abhorrent and disgraceful”.

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The judge who convicted him noted the man was “repeatedly, powerfully, intelligently and with insight expressed his contrition and remorse for his activities”, which was described as being “genuine”.

The man was given an intensive community-based corrections order.

In his application to NCAT, the man said the last incident occurred in October 2014, sometime after he turned 23, and his prospects of rehabilitation had been found to be “very favourable”.

He also provided statements from friends, teachers, academics and employment references he submitted “speak to the applicant having conducted himself in a valuable, trustworthy and reliable way”.

In deciding whether the man should be permitted to work as a lay associate in a law firm, Mr Westgarth considered whether the protection of the public could be compromised and whether the “integrity of the legal profession would be damaged”.

“The starting point must be an acknowledgment that the offences for which the applicant was convicted were extremely serious and were of a nature that would provoke a high level of distrust in the minds of those with knowledge of what the applicant did,” Mr Westgarth said.

However, Mr Westgarth accepted the offending had occurred a decade ago, there has been no further offending, and there is expert evidence of the man’s dedication to rehabilitation.

On the condition that the man be supervised and not be permitted to work on legal matters concerning children or have any contact with children, Mr Westgarth granted the man’s application.

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