CHB v Children’s Guardian [2016] NSWCATAD 214

CHB v Children’s Guardian [2016] NSWCATAD 214

The applicant poses a real and appreciable risk to the safety of children, greater than the risk of any adult preying on children, based on the conviction for assault, criminal history, lack of insight, psychological evidence, and past conduct. Accordingly, the respondent’s decision to cancel the applicant’s working with children check clearance is affirmed.

Jurisdiction
Australia
Judgment Date
27 September 2016
Procedural Posture
Administrative Review / Final Judgment
Outcome
Affirmed
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'cancellation of Clearance' 'review of Administrative Decision' 'child Abuse Prevention']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check Clearance' 'risk Assessment' 'cancellation of Clearance' 'review of Administrative Decision' 'child Abuse Prevention']

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Procedural Posture

Administrative Review / Final Judgment

Legal Issues

  1. 1 ['Whether the applicant poses a risk to the safety of children' "Whether the respondent's decision to cancel the applicant's working with children check clearance should be affirmed" 'Interpretation and application of s 30(1) and s 30(1A) of the Child Protection (Working with Children) Act 2012 (NSW)']

Ratio Decidendi

The applicant poses a real and appreciable risk to the safety of children, greater than the risk of any adult preying on children, based on the conviction for assault, criminal history, lack of insight, psychological evidence, and past conduct. Accordingly, the respondent’s decision to cancel the applicant’s working with children check clearance is affirmed.

Court Disposition

Affirmed

Orders

  • ["The respondent's decision to cancel the applicant's working with children check clearance is affirmed."]