CLR v Children’s Guardian [2017] NSWCATAD 158

CLR v Children’s Guardian [2017] NSWCATAD 158

The Tribunal found that the applicant does not pose a real and appreciable risk to the safety of children, did not intend harm during the incident leading to her earlier charges, and that a reasonable person would allow their child to have unsupervised direct contact with her in child-related work. On the evidence, it was held to be in the public interest to grant the applicant a Working With Children Check clearance.

Parties
Applicant: CLR; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
19 May 2017
Procedural Posture
Administrative Review / Final Determination
Outcome
Application allowed; refusal set aside; clearance granted.
Legal Topics
Working With Children Check, Risk Assessment, Negligent Driving, Public Interest Test
Administrative Law Child Protection Working With Children Check Risk Assessment Negligent Driving Public Interest Test

Case Brief

Summary, issues, holding and outcome

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Parties

CLR

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Determination

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 a reasonable person would allow their child to have unsupervised contact with the applicant in child-related work under s30(1A)
  3. 3 Whether it is in the public interest to grant the applicant a Working With Children Check clearance

Ratio Decidendi

The Tribunal found that the applicant does not pose a real and appreciable risk to the safety of children, did not intend harm during the incident leading to her earlier charges, and that a reasonable person would allow their child to have unsupervised direct contact with her in child-related work. On the evidence, it was held to be in the public interest to grant the applicant a Working With Children Check clearance.

Court Disposition

Application allowed; refusal set aside; clearance granted.

Orders

  • The decision of the Children's Guardian dated 2 February 2016 to refuse to grant the applicant a Working With Children Check clearance is set aside.
  • In substitution for that decision, the applicant is granted a Working With Children Check clearance.