CNA v Children’s Guardian; CNA v Department of Family and Community Services [2016] NSWCATAD 296

CNA v Children’s Guardian; CNA v Department of Family and Community Services [2016] NSWCATAD 296

On the evidence, the applicant does not pose a real and appreciable risk to the safety of children and has gained sufficient insight and changed her behaviour to warrant granting a working with children check clearance. The decision of the Children's Guardian to refuse clearance is set aside.

Parties
Applicant: CNA; Respondent: Children's Guardian; Respondent: Department of Family and Community Services
Jurisdiction
Australia
Judgment Date
15 December 2016
Procedural Posture
Administrative Review / Final Decision After Hearing
Outcome
Appeal allowed in part, dismissed in part; clearance granted, review of removal decision dismissed
Legal Topics
Working With Children Check, Risk Assessment, Carer Authorisation, Tribunal Jurisdiction
Administrative Law Child Protection Working With Children Check Risk Assessment Carer Authorisation Tribunal Jurisdiction

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Parties

CNA

Applicant

Children's Guardian

Respondent

Department of Family and Community Services

Respondent

Procedural Posture

Administrative Review / Final Decision After Hearing

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children if granted a working with children check clearance
  2. 2 Whether the Tribunal has jurisdiction to review the decision to remove grandchildren from the applicant's care

Ratio Decidendi

On the evidence, the applicant does not pose a real and appreciable risk to the safety of children and has gained sufficient insight and changed her behaviour to warrant granting a working with children check clearance. The decision of the Children's Guardian to refuse clearance is set aside.

Court Disposition

Appeal allowed in part, dismissed in part; clearance granted, review of removal decision dismissed

Orders

  • The decision of the Children's Guardian, made on 5 April 2016, to refuse the applicant's application for a working with children check clearance is set aside.
  • In substitution, the applicant is granted a working with children check clearance.