CKK v Children’s Guardian [2017] NSWCATAD 45

CKK v Children’s Guardian [2017] NSWCATAD 45

The Tribunal found that the applicant was, on the balance of probabilities, responsible for sending a pattern of inappropriate and overly personal emails to a vulnerable student under his authority, amounting to a serious breach of professional standards and constituting sexual misconduct. The Tribunal was not satisfied the risk of recurrence was negligible, the applicant had not fully acknowledged responsibility, and, weighing the relevant statutory criteria, concluded the applicant posed a 'real and appreciable' risk to the safety of children greater than that posed by any adult. Accordingly, it confirmed refusal of a Working with Children Check clearance.

Jurisdiction
Australia
Judgment Date
31 January 2017
Procedural Posture
Administrative Review / Tribunal Merits Review, Decision
Outcome
Application dismissed, decision confirmed
Legal Topics
['working With Children Check' 'administrative Review' 'sexual Misconduct' 'protective Jurisdiction' 'professional Misconduct']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'administrative Review' 'sexual Misconduct' 'protective Jurisdiction' 'professional Misconduct']

Case Brief

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Procedural Posture

Administrative Review / Tribunal Merits Review, Decision

Legal Issues

  1. 1 ['Whether the applicant poses a risk to the safety of children under the Child Protection (Working with Children) Act 2012 (NSW)' 'Whether the applicant should be granted a Working with Children Check clearance' 'Assessment of risk and findings of past conduct—sexual misconduct, professional boundaries' 'Correct and preferable decision in light of material before Tribunal']

Ratio Decidendi

The Tribunal found that the applicant was, on the balance of probabilities, responsible for sending a pattern of inappropriate and overly personal emails to a vulnerable student under his authority, amounting to a serious breach of professional standards and constituting sexual misconduct. The Tribunal was not satisfied the risk of recurrence was negligible, the applicant had not fully acknowledged responsibility, and, weighing the relevant statutory criteria, concluded the applicant posed a 'real and appreciable' risk to the safety of children greater than that posed by any adult. Accordingly, it confirmed refusal of a Working with Children Check clearance.

Court Disposition

Application dismissed, decision confirmed

Orders

  • ["The decision of the Children's Guardian dated 19 January 2016 to refuse to grant the applicant a Working with Children Check clearance is confirmed." 'Disclosure of the name of the Applicant and of any alleged victim or child is prohibited.']