CJS v Children’s Guardian [2017] NSWCATAD 55

CJS v Children’s Guardian [2017] NSWCATAD 55

The Tribunal determined that, while serious allegations existed creating a lingering doubt about the applicant's past conduct, the evidence as a whole, including the acquittals, lack of subsequent incidents, favorable references, and expert evaluation, did not establish on the balance of probabilities that the applicant posed a real and appreciable risk to the safety of children greater than that posed by any other person. As such, the Tribunal set aside the Guardian's decision and granted the clearance.

Jurisdiction
Australia
Judgment Date
16 February 2017
Procedural Posture
Administrative Review / Hearing and Final Orders
Outcome
decision of Children's Guardian set aside; Applicant granted Working With Children Check Clearance
Legal Topics
['working With Children Check' 'protective Jurisdiction' 'risk Assessment' 'review of Administrative Decisions']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'protective Jurisdiction' 'risk Assessment' 'review of Administrative Decisions']

Case Brief

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Procedural Posture

Administrative Review / Hearing and Final Orders

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children under s 18(2) of the Child Protection (Working with Children) Act 2012 (NSW)' "Whether the decision of the Children's Guardian to refuse a Working with Children Check Clearance to the applicant should be affirmed, set aside, or substituted" 'Whether the Tribunal should grant a Working with Children Check Clearance to the applicant under the applicable legal tests and in light of the evidence']

Ratio Decidendi

The Tribunal determined that, while serious allegations existed creating a lingering doubt about the applicant's past conduct, the evidence as a whole, including the acquittals, lack of subsequent incidents, favorable references, and expert evaluation, did not establish on the balance of probabilities that the applicant posed a real and appreciable risk to the safety of children greater than that posed by any other person. As such, the Tribunal set aside the Guardian's decision and granted the clearance.

Court Disposition

decision of Children's Guardian set aside; Applicant granted Working With Children Check Clearance

Orders

  • ["The decision of the Children's Guardian dated 3 December 2015 to refuse to grant the Applicant a Working with Children Check Clearance is set aside." 'The Applicant is granted a Working With Children Check Clearance.' 'Non-publication order prohibiting disclosure of the name of the Applicant and any alleged victim...