Children’s Guardian v CKF [2017] NSWSC 893

Children’s Guardian v CKF [2017] NSWSC 893

The Tribunal did not misapply the statutory test in the Child Protection (Working with Children) Act 2012 (NSW) or fail to consider mandatory factors. It appropriately considered all evidence, including suspicion arising from the allegations, and expert evidence, in determining that the respondent did not pose a...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 July 2017
Procedural Posture
Judicial Review, Administrative Law, Appeal / Judgment on Appeal From Decision of New South Wales Civil and Administrative Tribunal
Outcome
Orders of the Tribunal varied; cancellation decision set aside; Guardian to issue clearance; summons otherwise dismissed; Plaintiff to pay Defendant's costs.
Legal Topics
['judicial Review' 'working With Children Check' 'statutory Test for Risk Assessment' 'adequacy of Reasons' 'sexual Abuse Allegations' 'tribunal Procedure']
['administrative Law' 'child Protection'] ['judicial Review' 'working With Children Check' 'statutory Test for Risk Assessment' 'adequacy of Reasons' 'sexual Abuse Allegations' 'tribunal Procedure']

Source-derived case record

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Procedural Posture

Judicial Review, Administrative Law, Appeal / Judgment on Appeal From Decision of New South Wales Civil and Administrative Tribunal

Legal Issues

  1. 1 ['Whether Tribunal misapplied the statutory test in s 23(1) of the Child Protection (Working with Children) Act 2012 (NSW)' 'Whether the Tribunal failed to take into account mandatory considerations under s 30(1) of the Act' 'Whether the Tribunal failed to give adequate reasons for its decision' 'Whether the respondent posed a risk to the safety of children']

Ratio Decidendi

The Tribunal did not misapply the statutory test in the Child Protection (Working with Children) Act 2012 (NSW) or fail to consider mandatory factors. It appropriately considered all evidence, including suspicion arising from the allegations, and expert evidence, in determining that the respondent did not pose a real and appreciable risk to children. The Tribunal's reasons were adequate and exposed the reasoning process, satisfying statutory obligations.

Court Disposition

Orders of the Tribunal varied; cancellation decision set aside; Guardian to issue clearance; summons otherwise dismissed; Plaintiff to pay Defendant's costs.

Orders

  • ["Vary the orders made by the Tribunal on 4 January 2017 so that they provide: (a) Set aside the decision of the respondent dated 15 December 2015 cancelling the applicant's Working with Children Check clearance; (b) Order that the respondent issue to the applicant a Working with Children Check clearance." 'The...