CQX v Children’s Guardian [2017] NSWCATAD 286

CQX v Children’s Guardian [2017] NSWCATAD 286

On all available evidence, including expert opinion and cross-examination, the Tribunal found the applicant does not pose a real and appreciable risk to the safety or wellbeing of children. Therefore, the refusal of a Working With Children Check clearance was not the correct or preferable decision, and the decision was set aside.

Jurisdiction
Australia
Judgment Date
25 September 2017
Procedural Posture
Administrative Review / Final Decision and Orders
Outcome
Decision of Children's Guardian set aside; applicant granted clearance
Legal Topics
['working With Children Check' 'risk Assessment' 'merits Review' 'presumption of Risk' 'burden of Proof' 'protective Jurisdiction']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'risk Assessment' 'merits Review' 'presumption of Risk' 'burden of Proof' 'protective Jurisdiction']

Case Brief

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Procedural Posture

Administrative Review / Final Decision and Orders

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children under the Child Protection (Working with Children) Act 2012' "Whether the decision of the Children's Guardian to refuse a Working With Children Check clearance was correct or should be set aside" 'How inconsistency, character, and earlier adolescent conduct are relevant to risk assessment']

Ratio Decidendi

On all available evidence, including expert opinion and cross-examination, the Tribunal found the applicant does not pose a real and appreciable risk to the safety or wellbeing of children. Therefore, the refusal of a Working With Children Check clearance was not the correct or preferable decision, and the decision was set aside.

Court Disposition

Decision of Children's Guardian set aside; applicant granted clearance

Orders

  • ["The decision of the Children's Guardian dated 27 June 2016 to refuse to grant the applicant a clearance is set aside." 'In substitution for that decision, the respondent is to grant the applicant a Working With Children Check clearance.']