CJQ v Children's Guardian [2016] NSWCATAD 163

CJQ v Children's Guardian [2016] NSWCATAD 163

The Tribunal found on the balance of probabilities, taking into account the seriousness of the allegations and the evidence before it, that the applicant had engaged in instances of aggravated sexual and physical assault against his vulnerable stepdaughter when she was a child. Although the criminal charges were withdrawn and dismissed and the applicant had no later criminal history, the Tribunal was satisfied that the conduct caused a real and appreciable risk of harm to children. Because the safety, welfare and well-being of children is paramount, and because a clearance would allow the applicant to work with any children and could not be conditioned, the correct and preferable decision...

Jurisdiction
Australia
Judgment Date
22 July 2016
Procedural Posture
Administrative Review Under Section 27 of the Child Protection (working With Children) Act 2012 (nsw) of Refusal of a Working With Children Check Clearance / Decision After Hearing; Decision of the Children's Guardian Affirmed
Outcome
The decision of the Children's Guardian to refuse to grant the applicant a Working with Children Check clearance was affirmed.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'child Related Work' 'real and Appreciable Risk to Children' 'onus of Proof in Administrative Review' 'sexual Abuse Allegations' 'paramount Consideration of Safety, Welfare and Well Being of Children']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'child Related Work' 'real and Appreciable Risk to Children' 'onus of Proof in Administrative Review' 'sexual Abuse Allegations' 'paramount Consideration of Safety, Welfare and Well Being of Children']

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Procedural Posture

Administrative Review Under Section 27 of the Child Protection (working With Children) Act 2012 (nsw) of Refusal of a Working With Children Check Clearance / Decision After Hearing; Decision of the Children's Guardian Affirmed

Legal Issues

  1. 1 ["What is the correct and preferable decision having regard to the material before the Tribunal concerning the applicant's Working with Children Check clearance application." 'Whether the applicant poses a risk to the safety of children under the Child Protection (Working with Children) Act 2012 (NSW).' "Whether allegations of sexual and physical abuse of the applicant's stepdaughter, although not prosecuted to conviction, establish a real and appreciable risk to children." 'Whether any clearance could be granted subject to conditions.']

Ratio Decidendi

The Tribunal found on the balance of probabilities, taking into account the seriousness of the allegations and the evidence before it, that the applicant had engaged in instances of aggravated sexual and physical assault against his vulnerable stepdaughter when she was a child. Although the criminal charges were withdrawn and dismissed and the applicant had no later criminal history, the Tribunal was satisfied that the conduct caused a real and appreciable risk of harm to children. Because the safety, welfare and well-being of children is paramount, and because a clearance would allow the applicant to work with any children and could not be conditioned, the correct and preferable decision...

Court Disposition

The decision of the Children's Guardian to refuse to grant the applicant a Working with Children Check clearance was affirmed.

Orders

  • ["The decision of the Children's Guardian dated 1 December 2015 to refuse to grant the applicant a Working with Children Check clearance under the Child Protection (Working with Children) Act 2012 is affirmed."]