BQY v Children’s Guardian [2015] NSWCATAD 181

BQY v Children’s Guardian [2015] NSWCATAD 181

Having considered the mandatory s 30 factors, the Tribunal was satisfied that BQY did not pose a real risk to children. Her misconduct was serious but did not amount to grooming, involved only one kiss after the student had turned 18, occurred when she was a naive and immature 21-year-old without relevant professional ethics training, and had not been repeated. She had since matured, undertaken child protection and professional ethics training, changed her conduct, complied with restrictions, gained insight and sincerely regretted her behaviour. The refusal was therefore set aside and a non-volunteer clearance granted.

Jurisdiction
Australia
Judgment Date
28 August 2015
Procedural Posture
Application for Administrative Review of Refusal of a Working With Children Check Clearance / Reasons for Decision After Hearing
Outcome
Application allowed; decision set aside; non-volunteer working with children check clearance granted.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'misconduct Involving Children' 'administrative Review']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'misconduct Involving Children' 'administrative Review']

Case Brief

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Procedural Posture

Application for Administrative Review of Refusal of a Working With Children Check Clearance / Reasons for Decision After Hearing

Legal Issues

  1. 1 ["Whether the Children's Guardian's decision refusing BQY a working with children check clearance should be set aside." 'Whether BQY posed a real risk to the safety of children within the meaning of the Child Protection (Working with Children) Act 2012.' 'Whether, having regard to the factors in s 30 of the Child Protection (Working with Children) Act 2012, BQY should be granted a non-volunteer working with children check clearance.']

Ratio Decidendi

Having considered the mandatory s 30 factors, the Tribunal was satisfied that BQY did not pose a real risk to children. Her misconduct was serious but did not amount to grooming, involved only one kiss after the student had turned 18, occurred when she was a naive and immature 21-year-old without relevant professional ethics training, and had not been repeated. She had since matured, undertaken child protection and professional ethics training, changed her conduct, complied with restrictions, gained insight and sincerely regretted her behaviour. The refusal was therefore set aside and a non-volunteer clearance granted.

Court Disposition

Application allowed; decision set aside; non-volunteer working with children check clearance granted.

Orders

  • ["The decision of the Children's Guardian made 15 January 2015 refusing BQY a working with children check clearance is set aside." 'The Tribunal determines to grant BQY a non-volunteer working with children check clearance.']