CGP v Children's Guardian [2017] NSWCATAD 12

CGP v Children's Guardian [2017] NSWCATAD 12

The Tribunal found on the balance of probabilities that the applicant does not currently pose a real and appreciable risk to the safety, welfare, or well-being of children, having regard to his mitigating factors, reduction in offending, counselling, and insight demonstrated. The correct and preferable decision is to grant a Working with Children Check clearance unconditionally; the refusal decision is set aside.

Parties
Applicant: CGP; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
10 January 2017
Procedural Posture
Administrative Review / Final Determination
Outcome
Applicant granted Working with Children Check clearance; refusal decision set aside.
Legal Topics
Working With Children Check Clearance, Risk Assessment, Review Under Section 27 Child Protection (working With Children) Act 2012, Conditions on Clearances
Administrative Law Child Protection Working With Children Check Clearance Risk Assessment Review Under Section 27 Child Protection (working With Children) Act 2012 Conditions on Clearances

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Parties

CGP

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 What is the correct and preferable decision having regard to the material before the Tribunal concerning the refusal to grant a Working with Children Check clearance?
  2. 2 Does the applicant pose a real and appreciable risk to the safety, welfare, and well-being of children?
  3. 3 Can conditions be imposed upon the grant of a Working with Children Check clearance under section 27 of the Act?

Ratio Decidendi

The Tribunal found on the balance of probabilities that the applicant does not currently pose a real and appreciable risk to the safety, welfare, or well-being of children, having regard to his mitigating factors, reduction in offending, counselling, and insight demonstrated. The correct and preferable decision is to grant a Working with Children Check clearance unconditionally; the refusal decision is set aside.

Court Disposition

Applicant granted Working with Children Check clearance; refusal decision set aside.

Orders

  • The decision of the Children's Guardian dated 19 October 2015 to refuse to grant the applicant a Working with Children Check clearance is set aside.
  • The applicant CGP shall be granted a Working with Children Check clearance by the Children's Guardian within 28 days of the date of these orders.