CHG v Children's Guardian [2016] NSWCATAD 209

CHG v Children's Guardian [2016] NSWCATAD 209

Having regard to all the material, including the seriousness of the conduct, the applicant's lack of insight, the risk factors identified by expert evidence, and the paramount concern for child safety, the Tribunal was not satisfied that the applicant does not pose a real and appreciable risk to children. The decision of the Children's Guardian refusing the Working with Children Check clearance is affirmed.

Jurisdiction
Australia
Judgment Date
15 September 2016
Procedural Posture
Administrative Review / Hearing and Decision on Review of Refusal to Grant Working With Children Check Clearance
Outcome
Affirmed; application for review dismissed
Legal Topics
['working With Children Check' 'risk Assessment' 'administrative Review' 'child Safety' 'protective Jurisdiction']
['administrative Law' 'child Protection' 'equal Opportunity Law'] ['working With Children Check' 'risk Assessment' 'administrative Review' 'child Safety' 'protective Jurisdiction']

Case Brief

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Procedural Posture

Administrative Review / Hearing and Decision on Review of Refusal to Grant Working With Children Check Clearance

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety, welfare and well-being of children under the Child Protection (Working with Children) Act 2012 (NSW)' 'Whether a Working with Children Check clearance should be granted to the applicant' 'Assessment of risk considering factors under section 30(1) of the Act']

Ratio Decidendi

Having regard to all the material, including the seriousness of the conduct, the applicant's lack of insight, the risk factors identified by expert evidence, and the paramount concern for child safety, the Tribunal was not satisfied that the applicant does not pose a real and appreciable risk to children. The decision of the Children's Guardian refusing the Working with Children Check clearance is affirmed.

Court Disposition

Affirmed; application for review dismissed

Orders

  • ["The decision of the Children's Guardian dated 16 November 2015 to refuse to grant the applicant a Working with Children Check clearance under the Child Protection (Working with Children) Act 2012 is affirmed."]