BLG v Children’s Guardian [2015] NSWCATAD 98

BLG v Children’s Guardian [2015] NSWCATAD 98

The evidence did not establish on the balance of probabilities that BLG posed a real and appreciable risk to the safety of children greater than that of any adult. Although the trigger offence and other violent or self-harming incidents were serious and capable of causing physical or psychological harm to children, they occurred in the context of marital discord and alcohol use, there was no evidence of alcohol dependence or inability to control alcohol intake, the applicant understood alcohol's role in the incidents, her circumstances had changed after separation from her husband, there were no reported incidents since April 2014, and her references supported that she was a caring mother...

Jurisdiction
Australia
Judgment Date
13 May 2015
Procedural Posture
Administrative Review Under S.27(1) of the Child Protection (working With Children) Act 2012 / Final Decision on Review of Refusal to Grant a Working With Children Check Clearance
Outcome
The decision of the Children's Guardian dated 22 July 2014 was set aside and the respondent was required to grant the applicant a Working with Children Check Clearance.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'protective Jurisdiction' 'safety, Welfare and Well Being of Children' 'common Assault Trigger Offence']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'protective Jurisdiction' 'safety, Welfare and Well Being of Children' 'common Assault Trigger Offence']

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Procedural Posture

Administrative Review Under S.27(1) of the Child Protection (working With Children) Act 2012 / Final Decision on Review of Refusal to Grant a Working With Children Check Clearance

Legal Issues

  1. 1 ['Whether the correct and preferable decision was to refuse or grant the applicant a Working with Children Check Clearance.' 'Whether the applicant posed a real and appreciable risk to the safety of children.' 'How the Tribunal should assess the trigger offence, family violence incidents, self-harm incidents, alcohol use, changed family circumstances and the statutory factors in s 30(1) of the Child Protection (Working with Children) Act 2012.']

Ratio Decidendi

The evidence did not establish on the balance of probabilities that BLG posed a real and appreciable risk to the safety of children greater than that of any adult. Although the trigger offence and other violent or self-harming incidents were serious and capable of causing physical or psychological harm to children, they occurred in the context of marital discord and alcohol use, there was no evidence of alcohol dependence or inability to control alcohol intake, the applicant understood alcohol's role in the incidents, her circumstances had changed after separation from her husband, there were no reported incidents since April 2014, and her references supported that she was a caring mother...

Court Disposition

The decision of the Children's Guardian dated 22 July 2014 was set aside and the respondent was required to grant the applicant a Working with Children Check Clearance.

Orders

  • ["The decision of the Children's Guardian dated 22 July 2014 to refuse to grant the applicant a Working with Children Check Clearance is set aside and in substitution the respondent is to grant the applicant a Working With Children Check Clearance."]