CMI v Children’s Guardian [2016] NSWCATAD 245

CMI v Children’s Guardian [2016] NSWCATAD 245

The Tribunal was not satisfied that the applicant posed a real and appreciable risk to the safety of children. Although the applicant's criminal history included serious conduct involving weapons, the offences occurred 18 to 20 years earlier, were directed at specific adult family members, were not shown to have occurred in the presence of children or to have placed children at risk, and there was no evidence of further criminal conduct or other behaviour posing a risk to children in the intervening period. Taking the section 30 considerations into account, the correct and preferable decision was to grant the Working with Children Check clearance.

Jurisdiction
Australia
Judgment Date
31 October 2016
Procedural Posture
Administrative Review Under Section 27 of the Child Protection (working With Children) Act 2012 (nsw) / Review of the Children's Guardian's Decision Dated 4 March 2016 Refusing a Working With Children Check Clearance
Outcome
The decision of the Children's Guardian dated 4 March 2016 was set aside and the applicant was granted a Working with Children Check clearance in substitution for that decision.
Legal Topics
['working With Children Check Clearance' 'risk to the Safety of Children' 'correct and Preferable Decision' 'protective Jurisdiction']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk to the Safety of Children' 'correct and Preferable Decision' 'protective Jurisdiction']

Case Brief

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Procedural Posture

Administrative Review Under Section 27 of the Child Protection (working With Children) Act 2012 (nsw) / Review of the Children's Guardian's Decision Dated 4 March 2016 Refusing a Working With Children Check Clearance

Legal Issues

  1. 1 ['Whether the correct and preferable decision was to refuse or grant the applicant a Working with Children Check clearance.' 'Whether the applicant poses a real and appreciable risk to the safety of children having regard to the material before the Tribunal and the considerations in section 30 of the Child Protection (Working with Children) Act 2012 (NSW).']

Ratio Decidendi

The Tribunal was not satisfied that the applicant posed a real and appreciable risk to the safety of children. Although the applicant's criminal history included serious conduct involving weapons, the offences occurred 18 to 20 years earlier, were directed at specific adult family members, were not shown to have occurred in the presence of children or to have placed children at risk, and there was no evidence of further criminal conduct or other behaviour posing a risk to children in the intervening period. Taking the section 30 considerations into account, the correct and preferable decision was to grant the Working with Children Check clearance.

Court Disposition

The decision of the Children's Guardian dated 4 March 2016 was set aside and the applicant was granted a Working with Children Check clearance in substitution for that decision.

Orders

  • ["The decision of the Children's guardian dated 4 March 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.']