CPK v Children's Guardian [2017] NSWCATAD 151

CPK v Children's Guardian [2017] NSWCATAD 151

On the balance of probabilities, CPK continues to abuse alcohol, remains involved in or perpetrates violence, lacks credible evidence of rehabilitation, and is likely to expose children to risk of harm or neglect; refusal of the Working With Children Check Clearance is the correct and preferable decision.

Parties
Applicant: CPK; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
30 May 2017
Procedural Posture
Administrative Review / Final Orders After Hearing
Outcome
Application for review dismissed; original decision affirmed.
Legal Topics
Working With Children Check, Review of Refusal, Risk Assessment, Refusal of Clearance, Domestic Violence, Alcohol Abuse, Criminal Convictions, Public Safety
Administrative Law Child Protection Equal Opportunity Law Working With Children Check Review of Refusal Risk Assessment Refusal of Clearance Domestic Violence +3 more

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Parties

CPK

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Orders After Hearing

Legal Issues

  1. 1 Whether CPK poses a real and appreciable risk to the safety of children within the meaning of the Child Protection (Working with Children) Act 2012
  2. 2 Whether the refusal of a Working With Children Check Clearance was the correct and preferable decision

Ratio Decidendi

On the balance of probabilities, CPK continues to abuse alcohol, remains involved in or perpetrates violence, lacks credible evidence of rehabilitation, and is likely to expose children to risk of harm or neglect; refusal of the Working With Children Check Clearance is the correct and preferable decision.

Court Disposition

Application for review dismissed; original decision affirmed.

Orders

  • The decision of the Children's Guardian of 29 April 2016 refusing to grant CPK a Working With Children Check Clearance is affirmed.
  • Broadcast or publication without the leave of the Tribunal of the name or other identifying information of CPK or any partner of CPK is prohibited.