BQV v Children’s Guardian [2015] NSWCATAD 194

BQV v Children’s Guardian [2015] NSWCATAD 194

BQV does not present a real and appreciable risk to the safety of children, as required under the Act to deny a clearance. Despite the seriousness of the past offences and his continued minimisation, the passage of time, absence of any recent offences, positive professional risk assessments, and lack of evidence of current sexual interest in children mean that the correct and preferable decision is to grant the clearance.

Jurisdiction
Australia
Judgment Date
23 September 2015
Procedural Posture
Administrative Review / Tribunal Decision
Outcome
Working with Children Check Clearance granted
Legal Topics
['working With Children Check' 'protective Jurisdiction' 'review of Administrative Decisions' 'risk Assessment' 'safety and Well Being of Children']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'protective Jurisdiction' 'review of Administrative Decisions' 'risk Assessment' 'safety and Well Being of Children']

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Procedural Posture

Administrative Review / Tribunal Decision

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children within the meaning of the Child Protection (Working with Children) Act 2012' "Whether the Children's Guardian's refusal of a working with children check clearance was correct" 'What is the appropriate weight to be given to convictions, withdrawn charges, and professional risk assessments in evaluating future risk']

Ratio Decidendi

BQV does not present a real and appreciable risk to the safety of children, as required under the Act to deny a clearance. Despite the seriousness of the past offences and his continued minimisation, the passage of time, absence of any recent offences, positive professional risk assessments, and lack of evidence of current sexual interest in children mean that the correct and preferable decision is to grant the clearance.

Court Disposition

Working with Children Check Clearance granted

Orders

  • ["Pursuant to subs 28(6) of the Child Protection (Working with Children) Act 2012, the Children's Guardian is to grant the Applicant a Working with Children Check Clearance."]