CPO v Children’s Guardian [2017] NSWCATAD 149

CPO v Children’s Guardian [2017] NSWCATAD 149

The Tribunal is not satisfied, on the balance of probabilities, that the applicant poses a real and appreciable risk to the safety, welfare, and well-being of children, taking into account the seriousness of the original allegation, applicant's age at the time, lack of further allegations or criminal record, positive conduct since, expert psychiatric evidence, and absence of conviction or substantiated risk. Clearance is therefore granted.

Jurisdiction
Australia
Judgment Date
11 May 2017
Procedural Posture
Administrative Review / Final Decision
Outcome
Decision of the Children's Guardian refusing clearance is set aside; clearance granted
Legal Topics
['working With Children Check' 'protective Jurisdiction' 'risk Assessment' 'safety and Well Being of Children' 'review Under Child Protection (working With Children) Act 2012']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'protective Jurisdiction' 'risk Assessment' 'safety and Well Being of Children' 'review Under Child Protection (working With Children) Act 2012']

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Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety, welfare, and well-being of children' 'Application of s.18(2) Child Protection (Working with Children) Act 2012 and the standard for risk assessment' 'Weight to be given to evidence including hearsay and expert opinion' 'Relevance of historic allegations and disciplinary incidents to risk assessment']

Ratio Decidendi

The Tribunal is not satisfied, on the balance of probabilities, that the applicant poses a real and appreciable risk to the safety, welfare, and well-being of children, taking into account the seriousness of the original allegation, applicant's age at the time, lack of further allegations or criminal record, positive conduct since, expert psychiatric evidence, and absence of conviction or substantiated risk. Clearance is therefore granted.

Court Disposition

Decision of the Children's Guardian refusing clearance is set aside; clearance granted

Orders

  • ["The decision of the Children's Guardian dated 1 September 2015 to refuse to grant the Applicant a Working with Children Check Clearance is set aside." 'The Applicant is granted a Working With Children Check Clearance.' 'Disclosure of the name of the Applicant and of any alleged victim or child is prohibited.']