BJQ v Children's Guardian [2016] NSWCATAD 99

BJQ v Children's Guardian [2016] NSWCATAD 99

On the balance of probabilities, the applicant engaged in sexual intercourse with and abused a highly vulnerable 14-year-old child under his care; given the pattern of behaviour, lack of insight or remorse, and seriousness of the conduct, the Tribunal finds a real and appreciable risk to the safety of children and affirms the refusal to grant a Working with Children Check clearance.

Parties
Applicant: BJQ; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
20 May 2016
Procedural Posture
Administrative Review / Merits Review; Hearing and Final Orders
Outcome
Application for review refused; decision of the Children's Guardian affirmed.
Legal Topics
Working With Children Check, Assessment of Risk to Children, Paramountcy Principle, Procedural Fairness, Section 27 Review, Refusal of Clearance
Administrative Law Child Protection Discrimination/equal Opportunity Working With Children Check Assessment of Risk to Children Paramountcy Principle Procedural Fairness Section 27 Review +1 more

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Parties

BJQ

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Merits Review; Hearing and Final Orders

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children and should be refused a Working with Children Check clearance
  2. 2 What is the correct and preferable decision under section 63 of the Administrative Decisions Review Act 1997 (NSW)
  3. 3 Application of the balance of probabilities standard as modified by section 140(2) of the Evidence Act 1995 (NSW)

Ratio Decidendi

On the balance of probabilities, the applicant engaged in sexual intercourse with and abused a highly vulnerable 14-year-old child under his care; given the pattern of behaviour, lack of insight or remorse, and seriousness of the conduct, the Tribunal finds a real and appreciable risk to the safety of children and affirms the refusal to grant a Working with Children Check clearance.

Court Disposition

Application for review refused; decision of the Children's Guardian affirmed.

Orders

  • The decision of the Children's Guardian dated 2 June 2015 to refuse to grant the applicant's Working with Children Check clearance is affirmed.
  • The application for review of the decision of the Children's Guardian filed 22 June 2015 is otherwise refused and dismissed.