CHY v Children’s Guardian [2016] NSWCATAD 136

CHY v Children’s Guardian [2016] NSWCATAD 136

On the evidence and material before the Tribunal, the applicant does not currently pose a real and appreciable risk to the safety of children and young persons. The risk is neither real nor appreciable, and there is insufficient evidence to establish any real likelihood of future risk. Therefore, the correct and preferable decision is to set aside the respondent's refusal and grant the clearance.

Parties
Applicant: CHY; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
05 July 2016
Procedural Posture
Administrative Review / Merits Review Determination
Outcome
Decision of Children's Guardian refusing clearance set aside; applicant granted Working with Children Check clearance.
Legal Topics
Working With Children Check, Risk Assessment, Merits Review, Protective Jurisdiction
Child Protection Administrative Law Working With Children Check Risk Assessment Merits Review Protective Jurisdiction

Case Brief

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Parties

CHY

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Merits Review Determination

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children
  2. 2 Whether the decision to refuse a Working with Children Check clearance should be set aside

Ratio Decidendi

On the evidence and material before the Tribunal, the applicant does not currently pose a real and appreciable risk to the safety of children and young persons. The risk is neither real nor appreciable, and there is insufficient evidence to establish any real likelihood of future risk. Therefore, the correct and preferable decision is to set aside the respondent's refusal and grant the clearance.

Court Disposition

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

Orders

  • The decision of the Children's Guardian dated 8 December 2015 to refuse to grant the applicant a clearance is set aside.
  • In substitution for that decision, the applicant is granted a Working with Children Check clearance.