CKC v Children’s Guardian [2016] NSWCATAD 236

CKC v Children’s Guardian [2016] NSWCATAD 236

Taking into account the matters in s30(1) of the Child Protection (Working with Children) Act 2012, the Tribunal was not satisfied that the applicant posed a risk to the safety of children. The offences were serious but confined to a domestic parenting context in 2012, there was no subsequent physical discipline or offending, the applicant had gained insight and changed his behaviour, his daughters supported that evidence, his work and church history showed no aggression or inappropriate behaviour toward children, and expert psychological evidence assessed any residual risk as very low. The correct and preferable decision was therefore to grant the working with children check clearance.

Jurisdiction
Australia
Judgment Date
19 October 2016
Procedural Posture
Administrative Review Under S27 Child Protection (working With Children) Act 2012 of Refusal to Grant a Working With Children Check Clearance / Final Decision
Outcome
The Children's Guardian's decision was set aside and the applicant was granted a working with children check clearance.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'corporal Punishment of Children' 'protective Jurisdiction' 'real and Appreciable Risk to the Safety of Children']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'corporal Punishment of Children' 'protective Jurisdiction' 'real and Appreciable Risk to the Safety of Children']

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Procedural Posture

Administrative Review Under S27 Child Protection (working With Children) Act 2012 of Refusal to Grant a Working With Children Check Clearance / Final Decision

Legal Issues

  1. 1 ["Whether the decision of the Children's Guardian to refuse the applicant a working with children check clearance was the correct and preferable decision." 'Whether, taking into account the matters in s30(1) of the Child Protection (Working with Children) Act 2012, the applicant posed a real and appreciable risk to the safety of children.']

Ratio Decidendi

Taking into account the matters in s30(1) of the Child Protection (Working with Children) Act 2012, the Tribunal was not satisfied that the applicant posed a risk to the safety of children. The offences were serious but confined to a domestic parenting context in 2012, there was no subsequent physical discipline or offending, the applicant had gained insight and changed his behaviour, his daughters supported that evidence, his work and church history showed no aggression or inappropriate behaviour toward children, and expert psychological evidence assessed any residual risk as very low. The correct and preferable decision was therefore to grant the working with children check clearance.

Court Disposition

The Children's Guardian's decision was set aside and the applicant was granted a working with children check clearance.

Orders

  • ["The decision of the Children's Guardian dated 20 December 2015 to refuse to grant the applicant a working with children check clearance is set aside." 'In substitution for that decision the following decision is made: The applicant is granted a working with children check clearance.']