CDH v Children’s Guardian [2018] NSWCATAD 191

CDH v Children’s Guardian [2018] NSWCATAD 191

The Tribunal found that the applicant does not pose a real and appreciable risk to the safety of children, has made substantial efforts to rehabilitate and change his behaviour, and satisfies both the reasonable person and public interest tests. Accordingly, the Tribunal set aside the Children's Guardian's decision and granted the applicant a Working With Children Check clearance.

Parties
Applicant: CDH; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
25 June 2018
Procedural Posture
Administrative Review / Final Decision
Outcome
Decision of the Respondent Children's Guardian set aside; applicant granted a Working With Children Check clearance.
Legal Topics
Working With Children Check Clearance, Review of Administrative Decision, Risk Assessment, Public Interest, Reasonable Person Test
Administrative Law Equal Opportunity Law Working With Children Check Clearance Review of Administrative Decision Risk Assessment Public Interest Reasonable Person Test

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Parties

CDH

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
  2. 2 Whether the applicant should be granted a Working With Children Check clearance
  3. 3 Whether the Tribunal should set aside the Children's Guardian's decision

Ratio Decidendi

The Tribunal found that the applicant does not pose a real and appreciable risk to the safety of children, has made substantial efforts to rehabilitate and change his behaviour, and satisfies both the reasonable person and public interest tests. Accordingly, the Tribunal set aside the Children's Guardian's decision and granted the applicant a Working With Children Check clearance.

Court Disposition

Decision of the Respondent Children's Guardian set aside; applicant granted a Working With Children Check clearance.

Orders

  • The decision of the Respondent Children's Guardian is set aside.
  • In substitution for that decision, the Applicant is to be granted a Working With Children Check clearance.