CGY v Children’s Guardian [2016] NSWCATAD 112

CGY v Children’s Guardian [2016] NSWCATAD 112

The Tribunal was not satisfied that the alleged 2006 incident occurred, but also was not satisfied that it did not occur. Even assuming the incident occurred, the circumstances of the allegation, the absence of convictions or similar later matters over more than ten years, the lack of evidence that children were harmed or likely to be involved in any repetition, the limited significance of the 2011 and 2012 incidents, and CGY's current maturity and life circumstances did not establish that he posed a real and appreciable risk of harm to children greater than that posed by any other person. The correct and preferable decision was therefore to grant the Working with Children Check Clearance.

Jurisdiction
Australia
Judgment Date
27 April 2016
Procedural Posture
Administrative Review of Refusal to Grant a Working With Children Check Clearance Under S.27(1) of the Child Protection (working With Children) Act 2012 / Principal Judgment; Final Decision and Orders
Outcome
The Children's Guardian's refusal decision was set aside and substituted with a decision that the respondent grant CGY a Working with Children Check Clearance.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'safety, Welfare and Well Being of Children' 'protective Jurisdiction' 'review of Administrative Decision']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'safety, Welfare and Well Being of Children' 'protective Jurisdiction' 'review of Administrative Decision']

Case Brief

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Procedural Posture

Administrative Review of Refusal to Grant a Working With Children Check Clearance Under S.27(1) of the Child Protection (working With Children) Act 2012 / Principal Judgment; Final Decision and Orders

Legal Issues

  1. 1 ['Whether the correct and preferable decision was to refuse or grant CGY a Working with Children Check Clearance.' 'Whether CGY poses a real and appreciable risk to the safety of children greater than the risk posed by any other person.' "What weight should be given to the alleged 2006 sexual offence, the not guilty verdict, subsequent police incidents in 2011 and 2012, and CGY's current circumstances."]

Ratio Decidendi

The Tribunal was not satisfied that the alleged 2006 incident occurred, but also was not satisfied that it did not occur. Even assuming the incident occurred, the circumstances of the allegation, the absence of convictions or similar later matters over more than ten years, the lack of evidence that children were harmed or likely to be involved in any repetition, the limited significance of the 2011 and 2012 incidents, and CGY's current maturity and life circumstances did not establish that he posed a real and appreciable risk of harm to children greater than that posed by any other person. The correct and preferable decision was therefore to grant the Working with Children Check Clearance.

Court Disposition

The Children's Guardian's refusal decision was set aside and substituted with a decision that the respondent grant CGY a Working with Children Check Clearance.

Orders

  • ["The decision of the Children's Guardian dated 26 October 2015 to refuse to grant the applicant a Working with Children Check Clearance is set aside." 'In substitution, the respondent is to grant the applicant a Working with Children Check Clearance.']