BKD v Children’s Guardian [2021] NSWCATAD 303

BKD v Children’s Guardian [2021] NSWCATAD 303

While the Tribunal found that BKD does not currently pose a real and appreciable risk to children sufficient to enliven s 30(1), it was not satisfied that a reasonable person would allow their child to have unsupervised contact with BKD in a child-related work context, due to his ongoing relationships with convicted child sex offenders and other concerning circumstances. Thus, the Tribunal affirmed the refusal of a Working With Children Check clearance.

Jurisdiction
Australia
Judgment Date
21 October 2021
Procedural Posture
Administrative Review / Final Decision After Hearing
Outcome
Decision of the respondent affirmed; application dismissed.
Legal Topics
['working With Children Check' 'risk Assessment' 'clearance Refusal' 'child Related Work' 'merits Review']
['administrative Law' 'child Protection'] ['working With Children Check' 'risk Assessment' 'clearance Refusal' 'child Related Work' 'merits Review']

Case Brief

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Procedural Posture

Administrative Review / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety and well-being of children' 'Whether a reasonable person would allow the applicant unsupervised access to their child while engaged in child-related work' 'Application of statutory provisions in the Child Protection (Working with Children) Act 2012, especially s 30(1) and s 30(1A)']

Ratio Decidendi

While the Tribunal found that BKD does not currently pose a real and appreciable risk to children sufficient to enliven s 30(1), it was not satisfied that a reasonable person would allow their child to have unsupervised contact with BKD in a child-related work context, due to his ongoing relationships with convicted child sex offenders and other concerning circumstances. Thus, the Tribunal affirmed the refusal of a Working With Children Check clearance.

Court Disposition

Decision of the respondent affirmed; application dismissed.

Orders

  • ["The decision of the respondent dated 2 September 2020 to refuse the applicant's Working With Children Check Clearance is affirmed." 'The application is dismissed.']