BXU v Children’s Guardian [2016] NSWCATAD 35

BXU v Children’s Guardian [2016] NSWCATAD 35

On the balance of probabilities and having regard to the factors under s 30 of the Child Protection (Working with Children) Act 2012, the applicant does not pose a real and appreciable risk to the safety of children. Therefore, the refusal of the Working with Children Check clearance should be set aside and the clearance granted.

Parties
Applicant: BXU; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
23 February 2016
Procedural Posture
Administrative Law Review / Administrative Review Before Ncat; Decision on Merits
Outcome
The decision of the respondent is set aside and the Children's Guardian is to grant the applicant a Working with Children Check clearance.
Legal Topics
Working With Children Check, Risk Assessment, Administrative Review, Professional Misconduct
Administrative Law Child Protection Employment Law Working With Children Check Risk Assessment Administrative Review Professional Misconduct

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Parties

BXU

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Law Review / Administrative Review Before Ncat; Decision on Merits

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children
  2. 2 Whether refusal to grant a Working with Children Check clearance is correct and preferable

Ratio Decidendi

On the balance of probabilities and having regard to the factors under s 30 of the Child Protection (Working with Children) Act 2012, the applicant does not pose a real and appreciable risk to the safety of children. Therefore, the refusal of the Working with Children Check clearance should be set aside and the clearance granted.

Court Disposition

The decision of the respondent is set aside and the Children's Guardian is to grant the applicant a Working with Children Check clearance.

Orders

  • The decision of the Children's Guardian to refuse the applicant a working with children check clearance is set aside.
  • The respondent is to grant the applicant a working with children check clearance authorising engagement in child-related work.