CHZ v Children’s Guardian [2017] NSWCATAD 120

CHZ v Children’s Guardian [2017] NSWCATAD 120

On the evidence, CHZ no longer poses a real and appreciable risk to the safety of children. The Tribunal found his offending was serious but sufficiently historic and mitigated by clear evidence of improved insight, reduced alcohol consumption, successful co-parenting, and positive workplace assessments. No weight was given to the 2014 texting allegations. Balancing all statutory criteria, he satisfies the test for granting a Working With Children Check clearance.

Jurisdiction
Australia
Judgment Date
24 April 2017
Procedural Posture
Administrative Law – Review of Administrative Refusal / Final Merits Review – Tribunal Decision
Outcome
Decision of the Children's Guardian refusing the applicant's Working With Children Check clearance set aside. Applicant granted clearance.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'domestic Violence and Employment' 'fitness to Work With Children']
['administrative Law' 'child Protection' 'working With Children'] ['working With Children Check Clearance' 'risk Assessment' 'domestic Violence and Employment' 'fitness to Work With Children']

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Procedural Posture

Administrative Law – Review of Administrative Refusal / Final Merits Review – Tribunal Decision

Legal Issues

  1. 1 ['Whether CHZ poses a real and appreciable risk to the safety of children for the purpose of the Child Protection (Working with Children) Act 2012' 'Whether refusal of a Working With Children Check clearance was the correct and preferable decision']

Ratio Decidendi

On the evidence, CHZ no longer poses a real and appreciable risk to the safety of children. The Tribunal found his offending was serious but sufficiently historic and mitigated by clear evidence of improved insight, reduced alcohol consumption, successful co-parenting, and positive workplace assessments. No weight was given to the 2014 texting allegations. Balancing all statutory criteria, he satisfies the test for granting a Working With Children Check clearance.

Court Disposition

Decision of the Children's Guardian refusing the applicant's Working With Children Check clearance set aside. Applicant granted clearance.

Orders

  • ["The decision of the Children's Guardian dated 13 November 2015 to refuse the applicant's Working With Children Check clearance is set aside." 'In substitution for that decision, the applicant is granted a Working With Children Check clearance.']