BXJ v Children's Guardian [2016] NSWCATAD 11

BXJ v Children's Guardian [2016] NSWCATAD 11

Having considered all evidence in accordance with sections 15 and 30 of the Child Protection (Working with Children) Act 2012 (NSW), and applying the standard of balance of probabilities, the Tribunal was satisfied that a real and appreciable risk of harm to children is posed by the applicant and accordingly affirmed the Children's Guardian's refusal to grant a Working with Children Check clearance.

Parties
Applicant: BXJ; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
12 January 2016
Procedural Posture
Administrative Review / Principal Judgment
Outcome
Decision of the Children's Guardian affirmed; application for review refused and dismissed.
Legal Topics
Working With Children Check, Risk Assessment, Domestic Violence, Administrative Review, Protective Jurisdiction
Administrative Law Child Protection Employment Law Working With Children Check Risk Assessment Domestic Violence Administrative Review Protective Jurisdiction

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Parties

BXJ

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Principal Judgment

Legal Issues

  1. 1 Whether the applicant poses a risk to the safety of children for the purposes of granting a Working with Children Check clearance
  2. 2 What is the correct and preferable decision in light of the evidence and required statutory considerations
  3. 3 Whether a stay of the Children's Guardian's decision should be granted pending review

Ratio Decidendi

Having considered all evidence in accordance with sections 15 and 30 of the Child Protection (Working with Children) Act 2012 (NSW), and applying the standard of balance of probabilities, the Tribunal was satisfied that a real and appreciable risk of harm to children is posed by the applicant and accordingly affirmed the Children's Guardian's refusal to grant a Working with Children Check clearance.

Court Disposition

Decision of the Children's Guardian affirmed; application for review refused and dismissed.

Orders

  • The decision of the Children's Guardian dated 11 May 2015 to refuse to grant the applicant a Working with Children Check clearance is affirmed.
  • The application for review of the decision of the Children's Guardian filed 4 June 2015 is otherwise refused and dismissed.