BJE v Children’s Guardian [2015] NSWCATAD 149

BJE v Children’s Guardian [2015] NSWCATAD 149

The applicant's pattern of inappropriate conduct towards a young woman and girls in his daughter's soccer team, particularly through social media, demonstrated little understanding of appropriate boundaries between himself as an adult in a position of trust or authority and children. Although the Tribunal did not...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 July 2015
Procedural Posture
Administrative Review of a Decision Refusing a Working With Children Check Clearance Under the Child Protection (working With Children) Act 2012 / Final Determination After Hearing
Outcome
The decision of the respondent is affirmed.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'child Related Work' 'real and Appreciable Risk to the Safety of Children' 'social Media Communications With Children' 'administrative Review']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'child Related Work' 'real and Appreciable Risk to the Safety of Children' 'social Media Communications With Children' 'administrative Review']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review of a Decision Refusing a Working With Children Check Clearance Under the Child Protection (working With Children) Act 2012 / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether the applicant posed a risk to the safety of children for the purposes of s 18(2) of the Child Protection (Working with Children) Act 2012.' "Whether the respondent's decision to refuse the applicant a working with children check clearance was the correct and preferable decision." "Whether the applicant's conduct, including complaints about social media communications and boundary issues with children, gave rise to a real and appreciable risk to the safety of children."]

Ratio Decidendi

The applicant's pattern of inappropriate conduct towards a young woman and girls in his daughter's soccer team, particularly through social media, demonstrated little understanding of appropriate boundaries between himself as an adult in a position of trust or authority and children. Although the Tribunal did not find unlawful or sexual misconduct and accepted that the assessed likelihood of sexual recidivism was low, the applicant's lack of insight into boundaries gave rise to a real and appreciable risk to the safety of children if a working with children check clearance were granted. The respondent's refusal was therefore the correct and preferable decision.

Court Disposition

The decision of the respondent is affirmed.

Orders

  • ['The decision of the respondent is affirmed.']