CMD v Children’s Guardian [2017] NSWCATAD 150

CMD v Children’s Guardian [2017] NSWCATAD 150

The Tribunal found, on the balance of probabilities, that CMD poses a real and appreciable risk to the safety of children, due to his breaches of professional boundaries, lack of full disclosure, credibility concerns, and the strong possibility that some of the alleged conduct occurred, justifying affirmation of the refusal to grant a Working with Children Check Clearance.

Parties
Applicant: CMD; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
12 May 2017
Procedural Posture
Administrative Review / Final Decision
Outcome
Application dismissed; refusal affirmed
Legal Topics
Working With Children Check, Child Related Work, Risk Assessment, Review of Administrative Decision, Professional Boundaries in Education
Administrative Law Child Protection Equal Opportunity Working With Children Check Child Related Work Risk Assessment Review of Administrative Decision Professional Boundaries in Education

Case Brief

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Parties

CMD

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 Whether CMD poses a real and appreciable risk to the safety of children under the Child Protection (Working with Children) Act 2012
  2. 2 Whether the refusal to grant a Working with Children Check Clearance should be affirmed

Ratio Decidendi

The Tribunal found, on the balance of probabilities, that CMD poses a real and appreciable risk to the safety of children, due to his breaches of professional boundaries, lack of full disclosure, credibility concerns, and the strong possibility that some of the alleged conduct occurred, justifying affirmation of the refusal to grant a Working with Children Check Clearance.

Court Disposition

Application dismissed; refusal affirmed

Orders

  • The decision of the Children's Guardian of 25 February 2016 refusing to issue CMD with a Working with Children Check Clearance is affirmed.
  • Publication or broadcast, without the leave of the Tribunal, of the name or other identifying information of any child referred to in the proceedings is prohibited.