CMA v Children’s Guardian [2016] NSWCATAD 264

CMA v Children’s Guardian [2016] NSWCATAD 264

The Tribunal was satisfied that the Applicant does not pose a real and appreciable risk to the safety of children; a reasonable person would allow a child unsupervised in her care; and it is in the public interest to grant a Working with Children Check Clearance. The decision to cancel the WWCC clearance was therefore set aside, and the Applicant was granted a clearance.

Parties
Applicant: CMA; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
21 November 2016
Procedural Posture
Administrative Review / Decision on Application for Review of Cancellation of Working With Children Clearance
Outcome
The decision to cancel the Applicant's Working with Children Clearance is set aside and the Applicant is granted a Working with Children Check Clearance.
Legal Topics
Risk Assessment, Working With Children Check Clearance, Disciplinary Proceedings
Administrative Law Child Protection Risk Assessment Working With Children Check Clearance Disciplinary Proceedings

Case Brief

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Parties

CMA

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Decision on Application for Review of Cancellation of Working With Children Clearance

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children
  2. 2 Whether the Applicant may be granted a Working with Children Check Clearance under s 30(1A) of the Act
  3. 3 Application of public interest test under the Child Protection (Working with Children) Act 2012 (NSW)

Ratio Decidendi

The Tribunal was satisfied that the Applicant does not pose a real and appreciable risk to the safety of children; a reasonable person would allow a child unsupervised in her care; and it is in the public interest to grant a Working with Children Check Clearance. The decision to cancel the WWCC clearance was therefore set aside, and the Applicant was granted a clearance.

Court Disposition

The decision to cancel the Applicant's Working with Children Clearance is set aside and the Applicant is granted a Working with Children Check Clearance.

Orders

  • The decision of the Children's Guardian to cancel the Applicant's Working with Children Clearance is set aside
  • In substitution of that decision, the following decision is made: the Applicant is granted a Working with Children Check Clearance