CEK v Children's Guardian [2016] NSWCATAD 160

CEK v Children's Guardian [2016] NSWCATAD 160

There is a real and appreciable risk of harm to children posed by the applicant based on the serious violent offence, lack of meaningful remediation or regular professional rehabilitation addressing anger or domestic violence, and that the legislation requires the paramount consideration to be child safety—therefore the applicant should not be granted a Working with Children Check clearance.

Parties
Applicant: CEK; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
20 July 2016
Procedural Posture
Administrative Review Application / Final Hearing and Decision
Outcome
The Tribunal affirms the Children's Guardian's refusal to grant the applicant a Working with Children Check clearance.
Legal Topics
Working With Children Check, Risk Assessment, Review of Administrative Decision, Domestic Violence, Child Safety, Tribunal Procedure
Administrative Law Child Protection Law Working With Children Check Risk Assessment Review of Administrative Decision Domestic Violence Child Safety Tribunal Procedure

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Parties

CEK

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review Application / Final Hearing and Decision

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety, welfare, or well-being of children under the Child Protection (Working with Children) Act 2012 (NSW)
  2. 2 Whether the correct and preferable decision is to affirm or overturn the Children's Guardian's refusal of a Working with Children Check clearance
  3. 3 Whether conditions can lawfully be attached to a clearance

Ratio Decidendi

There is a real and appreciable risk of harm to children posed by the applicant based on the serious violent offence, lack of meaningful remediation or regular professional rehabilitation addressing anger or domestic violence, and that the legislation requires the paramount consideration to be child safety—therefore the applicant should not be granted a Working with Children Check clearance.

Court Disposition

The Tribunal affirms the Children's Guardian's refusal to grant the applicant a Working with Children Check clearance.

Orders

  • The decision of the Children's Guardian dated 24 August 2015 to refuse to grant the applicant a Working with Children Check clearance under the Child Protection (Working with Children) Act 2012 is affirmed.