CMQ v Children’s Guardian [2017] NSWCATAD 358

CMQ v Children’s Guardian [2017] NSWCATAD 358

The applicant's recent history involved serious physical assaults in a domestic violence context, including child victims for whom he was a stepfather and person in authority. The Tribunal accepted the positive court findings, found the applicant's evidence lacked candour in important respects, gave limited weight to his supportive material, noted the limited passage of time since the offending, ongoing court and protective orders, and his limited insight into the impact of violent behaviour on children. Applying the protective purpose of the legislation and the s 30(1) factors, the Tribunal was satisfied that the applicant currently posed a real and appreciable risk to the safety and...

Jurisdiction
Australia
Judgment Date
12 December 2017
Procedural Posture
Administrative Review of Decision to Cancel Working With Children Check Clearance / Decision After Hearing
Outcome
The decision of the respondent dated 9 February 2016 to cancel the applicant's Working with Children Check Clearance was affirmed.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'criminal History' 'domestic Violence' 'child Victims' 'assault']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'criminal History' 'domestic Violence' 'child Victims' 'assault']

Case Brief

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Procedural Posture

Administrative Review of Decision to Cancel Working With Children Check Clearance / Decision After Hearing

Legal Issues

  1. 1 ["Whether the correct and preferable decision was to affirm or set aside the respondent's cancellation of the applicant's Working with Children Check Clearance." 'Whether the applicant currently posed a real and appreciable risk to the safety and well-being of children and young persons.' "How the factors in s 30(1) of the Child Protection (Working with Children) Act 2012 applied to the applicant's offences, conduct, history and evidence."]

Ratio Decidendi

The applicant's recent history involved serious physical assaults in a domestic violence context, including child victims for whom he was a stepfather and person in authority. The Tribunal accepted the positive court findings, found the applicant's evidence lacked candour in important respects, gave limited weight to his supportive material, noted the limited passage of time since the offending, ongoing court and protective orders, and his limited insight into the impact of violent behaviour on children. Applying the protective purpose of the legislation and the s 30(1) factors, the Tribunal was satisfied that the applicant currently posed a real and appreciable risk to the safety and...

Court Disposition

The decision of the respondent dated 9 February 2016 to cancel the applicant's Working with Children Check Clearance was affirmed.

Orders

  • ["The decision of the respondent dated 9 February 2016 to cancel the applicant's Working with Children Check Clearance is affirmed."]