CFH v Children's Guardian [2016] NSWCATAD 122

CFH v Children's Guardian [2016] NSWCATAD 122

On the balance of probabilities, having regard to all evidence, the Tribunal was satisfied that the applicant does not pose a real and appreciable risk to the safety, welfare and well-being of children. Accordingly, the correct and preferable decision is to grant the applicant a Working with Children Check clearance.

Jurisdiction
Australia
Judgment Date
17 June 2016
Procedural Posture
Administrative Review / Final Determination
Outcome
The application is allowed; original decision set aside; clearance to be granted to the applicant.
Legal Topics
['working With Children Check' 'review of Administrative Decisions' 'risk Assessment' 'child Abuse Prevention']
['administrative Law' 'child Protection' 'equal Opportunity Law'] ['working With Children Check' 'review of Administrative Decisions' 'risk Assessment' 'child Abuse Prevention']

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ["What is the correct and preferable decision regarding the applicant's Working with Children Check clearance under section 27 of the Child Protection (Working with Children) Act 2012?" 'Does the applicant pose a real and appreciable risk to the safety, welfare and well-being of children?' 'What considerations must be taken into account pursuant to sections 15 and 30 of the Act?']

Ratio Decidendi

On the balance of probabilities, having regard to all evidence, the Tribunal was satisfied that the applicant does not pose a real and appreciable risk to the safety, welfare and well-being of children. Accordingly, the correct and preferable decision is to grant the applicant a Working with Children Check clearance.

Court Disposition

The application is allowed; original decision set aside; clearance to be granted to the applicant.

Orders

  • ["The decision of the Children's Guardian dated 24 September 2015 to refuse the applicant's Working with Children Check clearance is set aside." "The application for review of the decision of the Children's Guardian filed 21 October 2015 is allowed." "The Children's Guardian is to grant to the applicant a Working...