CPY v Children’s Guardian [2017] NSWCATAD 218

CPY v Children’s Guardian [2017] NSWCATAD 218

Although the Tribunal was unable to make a positive finding as to the specific alleged conduct, the circumstances of the reports, differences in accounts, the quality of the child witness's version, the vulnerability of the children, and the recency of the incident established a residual risk that was real and appreciable. The applicant therefore posed a risk to the safety of children, making affirmation of the Children's Guardian's cancellation decision the correct and preferable decision.

Jurisdiction
Australia
Judgment Date
30 June 2017
Procedural Posture
Administrative Review of Cancellation of a Working With Children Check Clearance / Final Merits Review Decision
Outcome
The decision of the Children's Guardian dated 11 May 2016 was affirmed.
Legal Topics
['working With Children Check Clearance' 'risk to Safety of Children' 'findings of Misconduct Involving Children' 'serious Physical Assault of a Child' 'merits Review']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk to Safety of Children' 'findings of Misconduct Involving Children' 'serious Physical Assault of a Child' 'merits Review']

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Procedural Posture

Administrative Review of Cancellation of a Working With Children Check Clearance / Final Merits Review Decision

Legal Issues

  1. 1 ["Whether the correct and preferable decision was to affirm or set aside the Children's Guardian's cancellation of the applicant's working with children check clearance." 'Whether the applicant currently posed a real and appreciable risk to the safety of children.' 'Whether the Tribunal could make positive findings about the alleged conduct and, if not, whether the evidence nevertheless established risk.']

Ratio Decidendi

Although the Tribunal was unable to make a positive finding as to the specific alleged conduct, the circumstances of the reports, differences in accounts, the quality of the child witness's version, the vulnerability of the children, and the recency of the incident established a residual risk that was real and appreciable. The applicant therefore posed a risk to the safety of children, making affirmation of the Children's Guardian's cancellation decision the correct and preferable decision.

Court Disposition

The decision of the Children's Guardian dated 11 May 2016 was affirmed.

Orders

  • ["The decision of the Children's Guardian dated 11 May 2016 is affirmed."]