CFR v Children’s Guardian [2016] NSWCATAD 159

CFR v Children’s Guardian [2016] NSWCATAD 159

The Applicant did not pose a real and appreciable risk to the safety of children. Although the trigger offences of murder and manslaughter were very serious, the Applicant had been acquitted, the conduct arose from unique and extreme circumstances involving his father's apparent suicide, he had no history of interpersonal or sexual violence, no further incidents or complaints, demonstrated insight and responsibility, and the expert evidence was that his risk of offending against children was very low. The 2015 amendments did not apply because the application for a WWCC clearance was lodged before they commenced.

Jurisdiction
Australia
Judgment Date
13 July 2016
Procedural Posture
Administrative Review of a Refusal to Grant a Working With Children Check Clearance / Decision After Hearing of Application for Review Under S 27 of the Child Protection (working With Children) Act 2012 (nsw)
Outcome
The decision of the Children's Guardian dated 6 October 2015 to refuse the Applicant a Working with Children Clearance was set aside and substituted with a decision granting the Applicant a Working with Children Check Clearance.
Legal Topics
['working With Children Check Clearance' 'risk to the Safety of Children' 'trigger Offences' 'correct and Preferable Decision' '2015 Amendments to the Child Protection (working With Children) Act 2012 (nsw)']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk to the Safety of Children' 'trigger Offences' 'correct and Preferable Decision' '2015 Amendments to the Child Protection (working With Children) Act 2012 (nsw)']

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Procedural Posture

Administrative Review of a Refusal to Grant a Working With Children Check Clearance / Decision After Hearing of Application for Review Under S 27 of the Child Protection (working With Children) Act 2012 (nsw)

Legal Issues

  1. 1 ['Whether the 2015 amendments inserting s 15 (4A) and s 30 (1A) into the Child Protection (Working with Children) Act 2012 (NSW) applied to the proceedings' 'Whether the Applicant posed a real and appreciable risk to the safety of children' "Whether the Respondent's refusal of a Working with Children Check Clearance was the correct and preferable decision"]

Ratio Decidendi

The Applicant did not pose a real and appreciable risk to the safety of children. Although the trigger offences of murder and manslaughter were very serious, the Applicant had been acquitted, the conduct arose from unique and extreme circumstances involving his father's apparent suicide, he had no history of interpersonal or sexual violence, no further incidents or complaints, demonstrated insight and responsibility, and the expert evidence was that his risk of offending against children was very low. The 2015 amendments did not apply because the application for a WWCC clearance was lodged before they commenced.

Court Disposition

The decision of the Children's Guardian dated 6 October 2015 to refuse the Applicant a Working with Children Clearance was set aside and substituted with a decision granting the Applicant a Working with Children Check Clearance.

Orders

  • ["The decision of the Children's Guardian dated 6 October 2015 to refuse the Applicant a Working with Children Clearance is set aside" 'In substitution of that decision, the following decision is made: the Applicant is granted a Working with Children Check Clearance.']