CBN v Children’s Guardian [2016] NSWCATAD 240

CBN v Children’s Guardian [2016] NSWCATAD 240

On the evidence before the Tribunal and having regard to section 30(1) factors of the Child Protection (Working with Children) Act 2012, the applicant does not pose a real and appreciable risk to the safety of children. The allegations which triggered the risk assessment could not be substantiated to the requisite standard. The applicant’s consistent denials, absence of corroborating evidence, and expert finding of low risk, as well as lack of adverse matters in more than twenty years of child-related work, underpin the finding that the correct and preferable decision is to grant the clearance.

Jurisdiction
Australia
Judgment Date
26 October 2016
Procedural Posture
Administrative Review / Final Decision
Outcome
Decision of Children's Guardian set aside; clearance granted.
Legal Topics
['working With Children Check' 'risk Assessment' 'admissibility of Evidence' 'merits Review']
['child Protection' 'administrative Law'] ['working With Children Check' 'risk Assessment' 'admissibility of Evidence' 'merits Review']

Case Brief

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Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children' 'Admissibility and weight of untested allegations in risk assessment' 'Correct and preferable decision regarding clearance']

Ratio Decidendi

On the evidence before the Tribunal and having regard to section 30(1) factors of the Child Protection (Working with Children) Act 2012, the applicant does not pose a real and appreciable risk to the safety of children. The allegations which triggered the risk assessment could not be substantiated to the requisite standard. The applicant’s consistent denials, absence of corroborating evidence, and expert finding of low risk, as well as lack of adverse matters in more than twenty years of child-related work, underpin the finding that the correct and preferable decision is to grant the clearance.

Court Disposition

Decision of Children's Guardian set aside; clearance granted.

Orders

  • ["The decision of the Children's Guardian dated 4 February 2015 to refuse to grant the applicant a clearance is set aside." 'The respondent is to grant the applicant a Working with Children Clearance.']