CHK v Children’s Guardian [2016] NSWCATAD 276

CHK v Children’s Guardian [2016] NSWCATAD 276

On the balance of probabilities, there is no real and appreciable risk of harm to children posed by the applicant; the applicant is at low risk of future offending, and the evidence does not support refusal of a Working with Children Check clearance.

Jurisdiction
Australia
Judgment Date
28 November 2016
Procedural Posture
Administrative Review / Principal Judgment
Outcome
Decision of Children's Guardian set aside; Applicant granted Working with Children Check clearance.
Legal Topics
['working With Children Check' 'merits Review' 'risk Assessment' 'sexual Assault Allegations' 'domestic Violence Reports']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'merits Review' 'risk Assessment' 'sexual Assault Allegations' 'domestic Violence Reports']

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Procedural Posture

Administrative Review / Principal Judgment

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children' "Whether the Tribunal should affirm, vary, set aside or substitute the Children's Guardian's decision to refuse a Working with Children Check clearance"]

Ratio Decidendi

On the balance of probabilities, there is no real and appreciable risk of harm to children posed by the applicant; the applicant is at low risk of future offending, and the evidence does not support refusal of a Working with Children Check clearance.

Court Disposition

Decision of Children's Guardian set aside; Applicant granted Working with Children Check clearance.

Orders

  • ["The decision of the Children's Guardian dated 23 November 2015 to refuse the Applicant's Working with Children Check clearance is set aside." 'In substitution for that decision, the following decision is made: The Applicant is granted a Working with Children Check clearance.']