BPM v Children’s Guardian [2015] NSWCATAD 97

BPM v Children’s Guardian [2015] NSWCATAD 97

On the balance of probabilities, the Tribunal found sufficient evidence that the applicant engaged in sexually abusive conduct towards a child and could not be satisfied the applicant does not pose a risk to the safety of children. This, together with the lack of sufficient insight by the applicant and the paramountcy of children's safety, justifies affirming the decision refusing the Working with Children Check clearance.

Parties
Applicant: BPM; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
13 May 2015
Procedural Posture
Administrative Review / Merits Review Hearing and Decision
Outcome
Application dismissed; decision affirmed.
Legal Topics
Working With Children Check, Risk Assessment, Merits Review, Child Abuse, Tribunal Procedures
Administrative Law Child Protection Working With Children Check Risk Assessment Merits Review Child Abuse Tribunal Procedures

Case Brief

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Parties

BPM

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Merits Review Hearing and Decision

Legal Issues

  1. 1 Whether the applicant poses a risk to the safety of children under the Child Protection (Working with Children) Act 2012
  2. 2 What is the correct and preferable decision regarding the refusal of a Working with Children Check clearance

Ratio Decidendi

On the balance of probabilities, the Tribunal found sufficient evidence that the applicant engaged in sexually abusive conduct towards a child and could not be satisfied the applicant does not pose a risk to the safety of children. This, together with the lack of sufficient insight by the applicant and the paramountcy of children's safety, justifies affirming the decision refusing the Working with Children Check clearance.

Court Disposition

Application dismissed; decision affirmed.

Orders

  • The decision of the Children's Guardian dated 30 October 2014 to refuse to grant the applicant a Working with Children Check clearance is affirmed.