A man convicted of cultivating 200 kilograms of cannabis at a Werribee property and at his Altona North home has received a working- with-children card so he can drive a bus.
The secretary to the state Department of Justice opposed the move.
The Victorian Civil and Administrative Tribunal last week overturned the decision and ordered the secretary to issue a card.
VCAT deputy president Heather Lambrick said she was satisfied a reasonable person would allow their child to have unsupervised contact with the man and that his engagement in child- related work did not pose an unjustifiable risk to children.
The secretary had emphasised that the man grew cannabis at his home, where his children were present and where he presumably used it in front of them.
The man denied that his children were aware of the cannabis.
In 2012, at age 50, the man was sentenced by the Melbourne County Court to a minimum of two years’ jail for cultivating a commercial quantity of cannabis as well as cultivation for personal use.
The court was told that he needed cannabis to alleviate the pain of a back ailment.
Ms Lambrick said she accepted that he “was suffering chronic pain that was affecting every aspect of his life and was desperate for relief”.
“[He] does not suffer from any mental illness, long-term drug or alcohol misuse, or have pressing financial concerns,” she said. “His pain is now appropriately managed.”
The man’s employer since 1989 “remained loyal” to him, enabling him to keep his job while on bail and be re-employed upon release from prison.
The head of the Albanian Australian Islamic Society provided the tribunal with a testimonial for the man.
“The reasonable person would have regard to the fact that he has worked as a bus driver, exposed to children for many years, without previous incident,” Ms Lambrick said.
