CEP v Children’s Guardian [2016] NSWCATAD 148

CEP v Children’s Guardian [2016] NSWCATAD 148

Considering all matters required by s 30(1) of the Child Protection (Working with Children) Act 2012, the Tribunal was satisfied on the balance of probabilities that the applicant did not pose a real and appreciable risk to children. Although his past offending, including the trigger offence against his 16 year old daughter and domestic violence offences, was objectively serious, the Tribunal gave weight to the passage of time since his last conviction, his abstinence from illicit drugs, reduced alcohol use, stable employment and family structure, acceptance of responsibility, counselling and other steps to mitigate risk, continued FACS oversight, and uncontradicted expert evidence that...

Jurisdiction
Australia
Judgment Date
13 July 2016
Procedural Posture
Administrative Review of Refusal of Working With Children Check Clearance / Final Merits Review Decision in the NSW Civil and Administrative Tribunal, Administrative and Equal Opportunity Division
Outcome
The decision of the Children's Guardian to refuse the applicant's Working with Children Check clearance was set aside and the applicant was granted a Working with Children Check clearance.
Legal Topics
['working With Children Check Clearance' 'risk to the Safety of Children' 'correct and Preferable Decision' 'merits Review' 'domestic Violence History']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk to the Safety of Children' 'correct and Preferable Decision' 'merits Review' 'domestic Violence History']

Case Brief

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Procedural Posture

Administrative Review of Refusal of Working With Children Check Clearance / Final Merits Review Decision in the NSW Civil and Administrative Tribunal, Administrative and Equal Opportunity Division

Legal Issues

  1. 1 ["Whether the decision of the Children's Guardian refusing the applicant a Working with Children Check clearance should be set aside." 'Whether the applicant poses a risk to the safety of children within the meaning of the Child Protection (Working with Children) Act 2012.' 'What is the correct and preferable decision on the material before the Tribunal.']

Ratio Decidendi

Considering all matters required by s 30(1) of the Child Protection (Working with Children) Act 2012, the Tribunal was satisfied on the balance of probabilities that the applicant did not pose a real and appreciable risk to children. Although his past offending, including the trigger offence against his 16 year old daughter and domestic violence offences, was objectively serious, the Tribunal gave weight to the passage of time since his last conviction, his abstinence from illicit drugs, reduced alcohol use, stable employment and family structure, acceptance of responsibility, counselling and other steps to mitigate risk, continued FACS oversight, and uncontradicted expert evidence that...

Court Disposition

The decision of the Children's Guardian to refuse the applicant's Working with Children Check clearance was set aside and the applicant was granted a Working with Children Check clearance.

Orders

  • ["The decision of the Children's Guardian dated 10 September 2015 to refuse the applicant's Working with Children Check clearance is set aside." 'In substitution for that decision, the applicant is granted a Working with Children Check clearance.']