CJB v Children’s Guardian [2016] NSWCATAD 227

CJB v Children’s Guardian [2016] NSWCATAD 227

Having regard to the material before the Tribunal and the applicable law, the applicant poses a real and appreciable risk to the safety of children due to seriousness and recent nature of offending, lack of insight, ongoing supervised contact, and vulnerability of potential child victims; therefore, the respondent's refusal to grant a clearance is affirmed.

Parties
Applicant: CJB; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
11 October 2016
Procedural Posture
Administrative Review / Merits Review Hearing
Outcome
Decision affirmed; applicant's review dismissed
Legal Topics
Working With Children Check, Risk Assessment, Domestic Violence, Administrative Review of Clearance Decisions
Administrative Law Child Protection Working With Children Check Risk Assessment Domestic Violence Administrative Review of Clearance Decisions

Case Brief

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Parties

CJB

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Merits Review Hearing

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children
  2. 2 Whether the respondent's refusal to grant a working with children check clearance was correct and preferable

Ratio Decidendi

Having regard to the material before the Tribunal and the applicable law, the applicant poses a real and appreciable risk to the safety of children due to seriousness and recent nature of offending, lack of insight, ongoing supervised contact, and vulnerability of potential child victims; therefore, the respondent's refusal to grant a clearance is affirmed.

Court Disposition

Decision affirmed; applicant's review dismissed

Orders

  • The decision of the respondent, made on 13 November 2015, to refuse the applicant a working with children check clearance is affirmed.