Tilley v Children’s Guardian [2017] NSWCA 174

Tilley v Children’s Guardian [2017] NSWCA 174

The appellant was subject to an assessment requirement under s 14 because relevant proceedings had been commenced, regardless of outcome; the Tribunal applied the correct test in being affirmatively satisfied that the appellant posed a risk, without reversing the onus of proof; non-publication order regarding appellant's identity was not justified.

Jurisdiction
Australia
Judgment Date
19 July 2017
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'non Publication Order']
['child Welfare' 'administrative Law'] ['working With Children Check Clearance' 'risk Assessment' 'non Publication Order']

Case Brief

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Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether applicant subject to assessment requirement within meaning of Child Protection (Working with Children) Act 2012 (NSW) s 14' 'Whether NCAT applied incorrect legal test and reversed onus of proof in determining whether satisfied that applicant posed risk to safety of children under s 18(2)' 'Whether proceedings commenced under Schedule 1 cl 1(1)(b) for purposes of assessment requirement' 'Appropriateness of non-publication order identifying appellant']

Ratio Decidendi

The appellant was subject to an assessment requirement under s 14 because relevant proceedings had been commenced, regardless of outcome; the Tribunal applied the correct test in being affirmatively satisfied that the appellant posed a risk, without reversing the onus of proof; non-publication order regarding appellant's identity was not justified.

Court Disposition

Appeal dismissed

Orders

  • ['Revoke the non-publication order to the extent that it prohibits publication of material identifying the appellant' "Prohibition continues on publication of material identifying appellant's previous fiancée or complainants" 'Dismiss the appeal from the judgment of Fullerton J delivered on 8 June 2016' "Appellant...