CGV v Children’s Guardian [2016] NSWCATAD 232

CGV v Children’s Guardian [2016] NSWCATAD 232

The Applicant's 2014 sexualised workplace conduct, although not at the highest level of seriousness and not resulting in criminal convictions, was recent, involved inappropriate conduct towards vulnerable or affected passengers, was witnessed by a 16 year old, and could cause psychological harm to a child if repeated. Given the Applicant's limited insight into the possible harm caused, ongoing stressors, history of psychological treatment, and insufficient evidence that he had developed skills to manage stress and maintain appropriate professional boundaries, the Tribunal was satisfied on the balance of probabilities that he posed a real and appreciable risk to children. The correct and...

Jurisdiction
Australia
Judgment Date
17 October 2016
Procedural Posture
Administrative Review of Refusal of Working With Children Check Clearance / Principal Judgment
Outcome
The decision of the Children's Guardian made 25 October 2015 to refuse the Applicant's Working with Children Check clearance is affirmed.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'real and Appreciable Risk to Children' 'merits Review']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'real and Appreciable Risk to Children' 'merits Review']

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Procedural Posture

Administrative Review of Refusal of Working With Children Check Clearance / Principal Judgment

Legal Issues

  1. 1 ["Whether the correct and preferable decision was to affirm or set aside the Children's Guardian's refusal of the Applicant's Working with Children Check clearance." 'Whether the Applicant posed a real and appreciable risk to the safety of children.' "How the factors in s 30(1) of the Child Protection (Working with Children) Act 2012 applied to the Applicant's 2014 workplace misconduct incidents and subsequent conduct."]

Ratio Decidendi

The Applicant's 2014 sexualised workplace conduct, although not at the highest level of seriousness and not resulting in criminal convictions, was recent, involved inappropriate conduct towards vulnerable or affected passengers, was witnessed by a 16 year old, and could cause psychological harm to a child if repeated. Given the Applicant's limited insight into the possible harm caused, ongoing stressors, history of psychological treatment, and insufficient evidence that he had developed skills to manage stress and maintain appropriate professional boundaries, the Tribunal was satisfied on the balance of probabilities that he posed a real and appreciable risk to children. The correct and...

Court Disposition

The decision of the Children's Guardian made 25 October 2015 to refuse the Applicant's Working with Children Check clearance is affirmed.

Orders

  • ["The decision of the Children's Guardian dated 25 October 2015 to refuse the Applicant's Working with Children Check clearance is affirmed."]