CPH v Children’s Guardian [2017] NSWCATAD 68

CPH v Children’s Guardian [2017] NSWCATAD 68

Having regard to the s 30(1) factors and the paramount consideration in s 4 of the Child Protection (Working with Children) Act 2012 (NSW), the applicant posed a real and appreciable risk to the safety of children because his domestic violence offences were serious, recent, occurred in the presence of his children, and he had not provided sufficient evidence of insight, treatment, or skills to avoid repeating the behaviour. The correct and preferable decision was therefore to affirm the respondent's decision cancelling the clearance.

Jurisdiction
Australia
Judgment Date
07 March 2017
Procedural Posture
Administrative Review Under the Child Protection (working With Children) Act 2012 (nsw) / Review of the Respondent's Decision to Cancel the Applicant's Working With Children Check Clearance
Outcome
The respondent's decision was affirmed.
Legal Topics
['cancellation of Working With Children Check Clearance' 'risk Assessment' 'domestic Violence Offences' 'safety of Children' 'external Review']
['administrative Law' 'child Protection' 'working With Children Checks'] ['cancellation of Working With Children Check Clearance' 'risk Assessment' 'domestic Violence Offences' 'safety of Children' 'external Review']

Case Brief

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Procedural Posture

Administrative Review Under the Child Protection (working With Children) Act 2012 (nsw) / Review of the Respondent's Decision to Cancel the Applicant's Working With Children Check Clearance

Legal Issues

  1. 1 ['Whether the applicant posed a real and appreciable risk to the safety of children.' "Whether the correct and preferable decision was to affirm the cancellation of the applicant's working with children check clearance." 'Whether, if no risk were found, the Tribunal should consider the requirements in s 30(1A) of the Child Protection (Working with Children) Act 2012 (NSW).']

Ratio Decidendi

Having regard to the s 30(1) factors and the paramount consideration in s 4 of the Child Protection (Working with Children) Act 2012 (NSW), the applicant posed a real and appreciable risk to the safety of children because his domestic violence offences were serious, recent, occurred in the presence of his children, and he had not provided sufficient evidence of insight, treatment, or skills to avoid repeating the behaviour. The correct and preferable decision was therefore to affirm the respondent's decision cancelling the clearance.

Court Disposition

The respondent's decision was affirmed.

Orders

  • ["The decision of the respondent, made on 8 January 2016, to refuse the applicant's application for a working with children check clearance is affirmed."]