CKD v Children's Guardian [2016] NSWCATAD 169

CKD v Children's Guardian [2016] NSWCATAD 169

On the balance of probabilities and after considering all required statutory factors, the applicant poses a real and appreciable risk to the safety of children, warranting affirmation of the refusal of Working with Children Check clearance.

Jurisdiction
Australia
Judgment Date
28 July 2016
Procedural Posture
Administrative Review / Principal Judgment
Outcome
Decision affirmed
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'sexual Misconduct' 'teen Pornography' 'assessment of Risk']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check Clearance' 'risk Assessment' 'sexual Misconduct' 'teen Pornography' 'assessment of Risk']

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Procedural Posture

Administrative Review / Principal Judgment

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to children' 'Whether the refusal to grant a Working with Children Check clearance was correct']

Ratio Decidendi

On the balance of probabilities and after considering all required statutory factors, the applicant poses a real and appreciable risk to the safety of children, warranting affirmation of the refusal of Working with Children Check clearance.

Court Disposition

Decision affirmed

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 affirmed."]