CCW v Children’s Guardian [2016] NSWCATAD 273

CCW v Children’s Guardian [2016] NSWCATAD 273

The Tribunal was not satisfied, on the balance of probabilities, that the allegations of sexual abuse did not occur. Given the seriousness and nature of the alleged incidents, the vulnerability of the alleged victims, their dependency, and the psychological coercion that would have been involved, CCW poses a risk to children greater than that of any adult. The other mitigating factors, such as the passage of time, lack of convictions, positive risk assessment, and evidence of changed behaviour, do not outweigh the evidence and risk arising from the unresolved serious allegations. Protective jurisdiction and the paramountcy of children's safety require confirmation of the refusal of a...

Parties
Applicant: CCW; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
25 November 2016
Procedural Posture
Administrative Review / Final Decision
Outcome
Application dismissed, decision confirmed
Legal Topics
Working With Children Check, Risk Assessment, Protective Jurisdiction, Review of Administrative Decision
Administrative Law Child Protection Working With Children Check Risk Assessment Protective Jurisdiction Review of Administrative Decision

Case Brief

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Parties

CCW

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 Whether the applicant poses a risk to the safety of children and should be refused a Working with Children Check clearance
  2. 2 Whether past allegations, not resulting in conviction but not disproven, justify refusing clearance under the protective jurisdiction

Ratio Decidendi

The Tribunal was not satisfied, on the balance of probabilities, that the allegations of sexual abuse did not occur. Given the seriousness and nature of the alleged incidents, the vulnerability of the alleged victims, their dependency, and the psychological coercion that would have been involved, CCW poses a risk to children greater than that of any adult. The other mitigating factors, such as the passage of time, lack of convictions, positive risk assessment, and evidence of changed behaviour, do not outweigh the evidence and risk arising from the unresolved serious allegations. Protective jurisdiction and the paramountcy of children's safety require confirmation of the refusal of a...

Court Disposition

Application dismissed, decision confirmed

Orders

  • The decision of the Children's Guardian dated 13 July 2015 to refuse to grant the applicant a Working with Children Check clearance is confirmed.
  • Disclosure of the name of the Applicant and of any alleged victim or child is prohibited.