CPD v Children's Guardian [2017] NSWCATAD 162

CPD v Children's Guardian [2017] NSWCATAD 162

The Tribunal found on the balance of probabilities that the applicant engaged in the behaviour alleged and currently poses a real and appreciable risk to the safety of children. The evidence did not sufficiently disprove the existence of risk, and the paramount consideration under the Act requires protection from potential child abuse. Accordingly, the correct and preferable decision is to confirm the refusal of a Working with Children Check clearance.

Parties
Applicant: CPD; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
24 May 2017
Procedural Posture
Application for Review Under Section 27 of the Child Protection (working With Children) Act 2012 / Final Decision
Outcome
decision confirmed
Legal Topics
Working With Children Check Clearance, Risk Assessment, Review of Administrative Decision, Child Abuse Prevention
Administrative Law Child Protection Equal Opportunity Working With Children Check Clearance Risk Assessment Review of Administrative Decision Child Abuse Prevention

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Parties

CPD

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for Review Under Section 27 of the Child Protection (working With Children) Act 2012 / Final Decision

Legal Issues

  1. 1 Whether the applicant poses a risk to the safety of children
  2. 2 Whether the refusal to grant a Working with Children Check clearance should be confirmed
  3. 3 Application of the civil standard of proof

Ratio Decidendi

The Tribunal found on the balance of probabilities that the applicant engaged in the behaviour alleged and currently poses a real and appreciable risk to the safety of children. The evidence did not sufficiently disprove the existence of risk, and the paramount consideration under the Act requires protection from potential child abuse. Accordingly, the correct and preferable decision is to confirm the refusal of a Working with Children Check clearance.

Court Disposition

decision confirmed

Orders

  • The decision of the Children's Guardian on 20 April 2016 to refuse to grant the applicant a Working with Children Check clearance under the Child Protection (Working with Children) Act 2012 is confirmed.
  • With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited, pursuant to section 64(1)(a) of the Civil and Administrative Tribunal...