CJI v Children’s Guardian [2016] NSWCATAD 253

CJI v Children’s Guardian [2016] NSWCATAD 253

The correct and preferable decision was to affirm the refusal because, considering the section 30 factors and all the evidence, the applicant posed a real and appreciable risk to the safety of children. The Tribunal could not make positive findings about the 1993 indecent assault charges but did not regard them as groundless and found a lingering doubt or suspicion. It made positive findings that the applicant wrote and gave an inappropriate note to a Year 6 female student and had physical contact with students, including conduct after a formal direction not to touch students unless their safety was at risk. The applicant's lack of genuine insight into the imbalance of power and the...

Jurisdiction
Australia
Judgment Date
08 November 2016
Procedural Posture
Application for Administrative Review Under Section 27 of the Child Protection (working With Children) Act 2012 (nsw) of a Refusal to Grant a Working With Children Check Clearance / Tribunal Determination of the Correct and Preferable Decision
Outcome
The Children's Guardian's decision to refuse to grant the applicant a Working with Children Check clearance was affirmed, and the application for review was refused and dismissed.
Legal Topics
['refusal of Working With Children Check Clearance' 'risk to the Safety of Children' 'child Related Work' 'review Under Section 27 Child Protection (working With Children) Act 2012 (nsw)']
['administrative Law' 'child Protection' 'working With Children Check'] ['refusal of Working With Children Check Clearance' 'risk to the Safety of Children' 'child Related Work' 'review Under Section 27 Child Protection (working With Children) Act 2012 (nsw)']

Case Brief

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Procedural Posture

Application for Administrative Review Under Section 27 of the Child Protection (working With Children) Act 2012 (nsw) of a Refusal to Grant a Working With Children Check Clearance / Tribunal Determination of the Correct and Preferable Decision

Legal Issues

  1. 1 ['What the correct and preferable decision is having regard to the material before the Tribunal in relation to granting a Working with Children Check clearance to the applicant.' 'Whether the applicant poses a real and appreciable risk to the safety of children.' 'Whether positive findings could be made about alleged conduct on the balance of probabilities or whether allegations should be rejected as groundless.' "The effect of the applicant's insight, remorse, past conduct, and elapsed time on the assessment of risk."]

Ratio Decidendi

The correct and preferable decision was to affirm the refusal because, considering the section 30 factors and all the evidence, the applicant posed a real and appreciable risk to the safety of children. The Tribunal could not make positive findings about the 1993 indecent assault charges but did not regard them as groundless and found a lingering doubt or suspicion. It made positive findings that the applicant wrote and gave an inappropriate note to a Year 6 female student and had physical contact with students, including conduct after a formal direction not to touch students unless their safety was at risk. The applicant's lack of genuine insight into the imbalance of power and the...

Court Disposition

The Children's Guardian's decision to refuse to grant the applicant a Working with Children Check clearance was affirmed, and the application for review was refused and dismissed.

Orders

  • ["The decision of the Children's Guardian dated 20 November 2015 to refuse to grant the applicant a Working with Children Check clearance is affirmed." "The application for review of the decision of the Children's Guardian filed on 18 December 2015 is otherwise refused and dismissed."]