CDA v Children’s Guardian [2017] NSWCATAD 37

CDA v Children’s Guardian [2017] NSWCATAD 37

On the balance of probabilities, the applicant poses a real and appreciable risk to children, given the number, nature, and similarity of the substantiated workplace allegations of sexually inappropriate conduct toward or about children in his care, the lack of compelling contrary evidence or corroboration from the applicant, and the applicant's lack of insight. The existence of risk to the safety of children has not been disproven, and the decision to refuse a Working with Children Check clearance is therefore affirmed.

Parties
Applicant: CDA; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
23 January 2017
Procedural Posture
Administrative Review / Final Merits Hearing and Decision
Outcome
Decision of the Children's Guardian to refuse the applicant's Working with Children Check clearance is affirmed.
Legal Topics
Working With Children Check, Risk Assessment, Administrative Review, Merits Review
Administrative Law Child Protection Working With Children Check Risk Assessment Administrative Review Merits Review

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Parties

CDA

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Merits Hearing and Decision

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children within the meaning of the Child Protection (Working with Children) Act 2012 (NSW)
  2. 2 Whether the refusal of a Working with Children Check clearance should be affirmed

Ratio Decidendi

On the balance of probabilities, the applicant poses a real and appreciable risk to children, given the number, nature, and similarity of the substantiated workplace allegations of sexually inappropriate conduct toward or about children in his care, the lack of compelling contrary evidence or corroboration from the applicant, and the applicant's lack of insight. The existence of risk to the safety of children has not been disproven, and the decision to refuse a Working with Children Check clearance is therefore affirmed.

Court Disposition

Decision of the Children's Guardian to refuse the applicant's Working with Children Check clearance is affirmed.

Orders

  • The decision of the Children's Guardian dated 14 July 2015 to refuse the applicant's Working with Children Check clearance is affirmed.