CGR v Children’s Guardian [2017] NSWCATAD 129

CGR v Children’s Guardian [2017] NSWCATAD 129

Having considered all relevant statutory factors, the Tribunal found the applicant continues to pose a real and appreciable risk to the safety of children, as her strong views and lack of demonstrated insight into child protection issues make it likely that past conduct could be repeated. Accordingly, the decision to cancel her working with children check clearance was the correct and preferable decision and is affirmed.

Jurisdiction
Australia
Judgment Date
27 April 2017
Procedural Posture
Administrative Review / Decision After Hearing
Outcome
Appeal dismissed; decision of the Children's Guardian affirmed
Legal Topics
['working With Children Check' 'risk Assessment' 'administrative Review' 'child Safety' 'cancellation of Clearance']
['administrative Law' 'child Protection Law'] ['working With Children Check' 'risk Assessment' 'administrative Review' 'child Safety' 'cancellation of Clearance']

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Procedural Posture

Administrative Review / Decision After Hearing

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children for the purpose of the Child Protection (Working with Children) Act 2012 (NSW)' "Whether the decision to cancel the applicant's working with children check clearance was correct and preferable under s 30 of the WWC Act"]

Ratio Decidendi

Having considered all relevant statutory factors, the Tribunal found the applicant continues to pose a real and appreciable risk to the safety of children, as her strong views and lack of demonstrated insight into child protection issues make it likely that past conduct could be repeated. Accordingly, the decision to cancel her working with children check clearance was the correct and preferable decision and is affirmed.

Court Disposition

Appeal dismissed; decision of the Children's Guardian affirmed

Orders

  • ["The decision of the respondent, made on 7 March 2016, to cancel the applicant's working with children check clearance is affirmed."]