CEW v Children’s Guardian [2016] NSWCATAD 171

CEW v Children’s Guardian [2016] NSWCATAD 171

The Tribunal found that, considering the evidence and applying the relevant statutory factors, the applicant does not pose a real and appreciable risk to children and is entitled to a working with children check clearance.

Parties
Applicant: CEW; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
03 August 2016
Procedural Posture
Administrative Review / Final Orders and Determination
Outcome
Decision in favour of the applicant; previous refusal set aside; clearance granted.
Legal Topics
Working With Children Check, Risk Assessment, Review of Administrative Decision
Administrative Law Child Protection Employment Law Working With Children Check Risk Assessment Review of Administrative Decision

Case Brief

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Parties

CEW

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Orders and Determination

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children under the Child Protection (Working with Children) Act 2012
  2. 2 Whether the refusal of a working with children check clearance was the correct and preferable decision

Ratio Decidendi

The Tribunal found that, considering the evidence and applying the relevant statutory factors, the applicant does not pose a real and appreciable risk to children and is entitled to a working with children check clearance.

Court Disposition

Decision in favour of the applicant; previous refusal set aside; clearance granted.

Orders

  • The decision of the respondent is set aside.
  • In substitution for that decision the following decision is made: The applicant is granted a working with children check clearance.