BQU v Children’s Guardian [2015] NSWCATAD 121

BQU v Children’s Guardian [2015] NSWCATAD 121

The Tribunal was not positively satisfied that the applicant would not repeat his offending conduct. Weighing evidence of rehabilitation against unresolved concerns about risk factors and taking into account the paramount consideration of child safety, the applicant was found to pose a real and appreciable risk to the safety of children. The decision under review was affirmed.

Jurisdiction
Australia
Judgment Date
16 June 2015
Procedural Posture
Administrative Review / Principal Judgment
Outcome
Decision under review affirmed
Legal Topics
['working With Children Check' 'risk Assessment' 'professional Misconduct' 'sexual Misconduct' 'grooming']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'risk Assessment' 'professional Misconduct' 'sexual Misconduct' 'grooming']

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Procedural Posture

Administrative Review / Principal Judgment

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children' "Correct and preferable decision in review of Children's Guardian's refusal to grant working with children clearance"]

Ratio Decidendi

The Tribunal was not positively satisfied that the applicant would not repeat his offending conduct. Weighing evidence of rehabilitation against unresolved concerns about risk factors and taking into account the paramount consideration of child safety, the applicant was found to pose a real and appreciable risk to the safety of children. The decision under review was affirmed.

Court Disposition

Decision under review affirmed

Orders

  • ['The decision under review is affirmed' "Orders prohibiting publication or disclosure of the applicant's name or identifying information under s 64 of the Civil and Administrative Tribunal Act 2013 (NSW)"]