BQD v Children’s Guardian and the Department of Family and Community Services [2015] NSWCATAD 88

BQD v Children’s Guardian and the Department of Family and Community Services [2015] NSWCATAD 88

Having considered the mandatory matters in section 30(1) of the Child Protection (Working with Children) Act 2012, the Tribunal was not satisfied that the applicant posed a real and appreciable risk to the safety of children. Although the 1968 murder conviction was extremely serious, it did not involve a child, there had been no further offending or adverse conduct for 47 years, the applicant had substantially reformed, and the expert evidence assessed him as a low risk of future violence against children. The correct and preferable decision was therefore to grant the clearance.

Jurisdiction
Australia
Judgment Date
30 April 2015
Procedural Posture
Administrative Review of Refusal to Grant a Working With Children Check Clearance Under Section 27 of the Child Protection (working With Children) Act 2012 / Merits Review Hearing Before the Civil and Administrative Tribunal of New South Wales
Outcome
The Children's Guardian's decision was set aside and the applicant was to be granted a Working with Children Check clearance.
Legal Topics
['working With Children Check Clearance' 'protective Jurisdiction' 'risk to Safety of Children' 'criminal History' 'rehabilitation']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'protective Jurisdiction' 'risk to Safety of Children' 'criminal History' 'rehabilitation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review of Refusal to Grant a Working With Children Check Clearance Under Section 27 of the Child Protection (working With Children) Act 2012 / Merits Review Hearing Before the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether the correct and preferable decision was to grant the applicant a Working with Children Check clearance.' 'Whether the applicant posed a risk to the safety of children having regard to the matters in section 30(1) of the Child Protection (Working with Children) Act 2012.']

Ratio Decidendi

Having considered the mandatory matters in section 30(1) of the Child Protection (Working with Children) Act 2012, the Tribunal was not satisfied that the applicant posed a real and appreciable risk to the safety of children. Although the 1968 murder conviction was extremely serious, it did not involve a child, there had been no further offending or adverse conduct for 47 years, the applicant had substantially reformed, and the expert evidence assessed him as a low risk of future violence against children. The correct and preferable decision was therefore to grant the clearance.

Court Disposition

The Children's Guardian's decision was set aside and the applicant was to be granted a Working with Children Check clearance.

Orders

  • ["The decision of the Children's Guardian dated 20 November 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."]