CHQ v Children’s Guardian [2016] NSWCATAD 185

CHQ v Children’s Guardian [2016] NSWCATAD 185

The Tribunal determined that there was no real and appreciable risk to the safety of children posed by the Applicant; she had developed insight into the inappropriate nature of her conduct, there was no evidence of risk factors or adverse conduct since the incidents, the incidents involved no criminal conviction, and were not of such seriousness or context as to indicate ongoing risk. Accordingly, the Children's Guardian's decision to refuse the Working with Children Check clearance was set aside and a clearance granted.

Parties
Applicant: CHQ; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
19 August 2016
Procedural Posture
Administrative Review / Merits Review Before Tribunal
Outcome
Review allowed; original decision set aside; Working with Children Check clearance granted.
Legal Topics
Working With Children Check Clearance, Administrative Review, Risk Assessment, Care Orders, Evidence, Merits Review, Burden of Proof
Administrative Law Child Protection Law Equal Opportunity Law Working With Children Check Clearance Administrative Review Risk Assessment Care Orders Evidence +2 more

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Parties

CHQ

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Merits Review Before Tribunal

Legal Issues

  1. 1 Whether the Applicant poses a real and appreciable risk to the safety of children for the purposes of the Child Protection (Working with Children) Act 2012 (NSW) and should be refused a Working with Children Check clearance

Ratio Decidendi

The Tribunal determined that there was no real and appreciable risk to the safety of children posed by the Applicant; she had developed insight into the inappropriate nature of her conduct, there was no evidence of risk factors or adverse conduct since the incidents, the incidents involved no criminal conviction, and were not of such seriousness or context as to indicate ongoing risk. Accordingly, the Children's Guardian's decision to refuse the Working with Children Check clearance was set aside and a clearance granted.

Court Disposition

Review allowed; original decision set aside; Working with Children Check clearance granted.

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.