CLF v Children’s Guardian [2017] NSWCATAD 9

CLF v Children’s Guardian [2017] NSWCATAD 9

The Tribunal was not satisfied, on the balance of probabilities, that the applicant had committed the conduct alleged against him, noting inconsistencies and unreliability in critical elements of the complainant’s evidence and other supporting circumstances. In the absence of positive findings against the applicant and considering his subsequent positive conduct and support as a foster carer, the Tribunal found that the applicant does not present a real and appreciable risk to the safety of children, and therefore the refusal of his working with children check clearance was not justified.

Parties
Applicant: CLF; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
04 January 2017
Procedural Posture
Administrative Review / Principal Judgment
Outcome
Decision of the Children's Guardian set aside; clearance granted.
Legal Topics
Working With Children Check, Risk Assessment, Merits Review, Administrative Decision Making, Child Sexual Abuse Allegations
Administrative Law Child Protection Equal Opportunity Working With Children Check Risk Assessment Merits Review Administrative Decision Making Child Sexual Abuse Allegations

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Parties

CLF

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Principal Judgment

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children under the Child Protection (Working with Children) Act 2012
  2. 2 Whether the Tribunal should set aside the decision of the Children's Guardian to refuse the applicant a working with children check clearance

Ratio Decidendi

The Tribunal was not satisfied, on the balance of probabilities, that the applicant had committed the conduct alleged against him, noting inconsistencies and unreliability in critical elements of the complainant’s evidence and other supporting circumstances. In the absence of positive findings against the applicant and considering his subsequent positive conduct and support as a foster carer, the Tribunal found that the applicant does not present a real and appreciable risk to the safety of children, and therefore the refusal of his working with children check clearance was not justified.

Court Disposition

Decision of the Children's Guardian set aside; clearance granted.

Orders

  • The decision of the Children's Guardian dated 8 January 2016 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.