BJC v Children’s Guardian [2015] NSWCATAD 105

BJC v Children’s Guardian [2015] NSWCATAD 105

The applicant does not pose a real and appreciable risk to the safety of children. The evidence shows conduct was medically appropriate and lacked sexual motive; expert and psychological reports support a low risk of future inappropriate behaviour.

Parties
Applicant: BJC; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
21 May 2015
Procedural Posture
Administrative Review / Final Decision
Outcome
The decision of the respondent is set aside. The respondent is ordered to grant the applicant a working with children check clearance.
Legal Topics
Working With Children Check Clearance, Risk Assessment, Medical Practitioner Conduct, Appropriateness of Medical Examination
Administrative Law Child Protection Working With Children Check Clearance Risk Assessment Medical Practitioner Conduct Appropriateness of Medical Examination

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Parties

BJC

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children
  2. 2 Whether the refusal of a working with children check clearance was appropriate
  3. 3 Application of risk assessment factors under the Child Protection (Working with Children) Act 2012

Ratio Decidendi

The applicant does not pose a real and appreciable risk to the safety of children. The evidence shows conduct was medically appropriate and lacked sexual motive; expert and psychological reports support a low risk of future inappropriate behaviour.

Court Disposition

The decision of the respondent is set aside. The respondent is ordered to grant the applicant a working with children check clearance.

Orders

  • The decision of the respondent is set aside.
  • Pursuant to s18(2) of the Child Protection (Working with Children) Act 2012, the respondent is to grant the applicant a working with children check clearance.