BKG v Children’s Guardian [2015] NSWCATAD 75

BKG v Children’s Guardian [2015] NSWCATAD 75

On the material before the Tribunal, there is insufficient evidence to establish that the applicant poses a real and appreciable risk to the safety of children. The evidence demonstrates rehabilitation, low likelihood of repetition, and positive assessments from relevant experts. Therefore, the decision of the Children's Guardian to refuse the Working with Children check clearance should be set aside and the clearance granted.

Jurisdiction
Australia
Judgment Date
15 April 2015
Procedural Posture
Administrative Review / Decision of Civil and Administrative Tribunal of New South Wales
Outcome
Decision of the Children's Guardian refusing the clearance is set aside; the Children's Guardian is to grant the applicant a Working with Children check clearance.
Legal Topics
['working With Children Check' 'protective Jurisdiction' 'safety and Well Being of Children' 'criminal History' 'risk Assessment' 'rehabilitation of Offender']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'protective Jurisdiction' 'safety and Well Being of Children' 'criminal History' 'risk Assessment' 'rehabilitation of Offender']

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Procedural Posture

Administrative Review / Decision of Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether the applicant poses a risk to the safety of children under section 30(1) of the Child Protection (Working with Children) Act 2012' "Whether the decision of the Children's Guardian to refuse a Working with Children check clearance should be affirmed or set aside"]

Ratio Decidendi

On the material before the Tribunal, there is insufficient evidence to establish that the applicant poses a real and appreciable risk to the safety of children. The evidence demonstrates rehabilitation, low likelihood of repetition, and positive assessments from relevant experts. Therefore, the decision of the Children's Guardian to refuse the Working with Children check clearance should be set aside and the clearance granted.

Court Disposition

Decision of the Children's Guardian refusing the clearance is set aside; the Children's Guardian is to grant the applicant a Working with Children check clearance.

Orders

  • ["The decision of the Children's Guardian dated 7 July 2014 to refuse to grant the applicant a Working with Children check clearance is set aside." 'In substitution, the respondent is to grant the applicant a working with children check clearance.']