CFY v Children’s Guardian [2016] NSWCATAD 150

CFY v Children’s Guardian [2016] NSWCATAD 150

The Tribunal was not comfortably satisfied that the applicant had sexually abused or behaved sexually inappropriately towards his children, accepted that his previous physical discipline was unacceptable but had ceased for close to a decade, accepted expert evidence that he posed a low risk of sexual, physical or emotional harm to children, and concluded that he did not pose a real and appreciable risk to the safety of children. The correct and preferable decision was therefore to grant the Working with Children Check clearance.

Jurisdiction
Australia
Judgment Date
13 July 2016
Procedural Posture
Application for Administrative Review of Refusal of Working With Children Check Clearance / Decision After Hearing
Outcome
The decision refusing the applicant's Working with Children Check clearance was set aside and a clearance was granted in substitution.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'allegations of Sexual Abuse' 'allegations of Physical Abuse' 'risk to the Safety of Children']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'allegations of Sexual Abuse' 'allegations of Physical Abuse' 'risk to the Safety of Children']

Case Brief

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Procedural Posture

Application for Administrative Review of Refusal of Working With Children Check Clearance / Decision After Hearing

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children.' "Whether the Children's Guardian's decision to refuse the applicant a Working with Children Check clearance should be set aside and a clearance granted."]

Ratio Decidendi

The Tribunal was not comfortably satisfied that the applicant had sexually abused or behaved sexually inappropriately towards his children, accepted that his previous physical discipline was unacceptable but had ceased for close to a decade, accepted expert evidence that he posed a low risk of sexual, physical or emotional harm to children, and concluded that he did not pose a real and appreciable risk to the safety of children. The correct and preferable decision was therefore to grant the Working with Children Check clearance.

Court Disposition

The decision refusing the applicant's Working with Children Check clearance was set aside and a clearance was granted in substitution.

Orders

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