CRQ v Children's Guardian [2017] NSWCATAD 153

CRQ v Children's Guardian [2017] NSWCATAD 153

The applicant does pose a real and appreciable risk to the safety of children based on findings, and the Tribunal is not satisfied a reasonable person would allow their child direct, unsupervised contact with the applicant; therefore, the refusal to grant a Working with Children Check clearance is confirmed.

Jurisdiction
Australia
Judgment Date
17 May 2017
Procedural Posture
Administrative Review / Final Determination
Outcome
Decision of the Children's Guardian to refuse clearance confirmed
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'child Abuse' 'administrative Review Procedures']
['administrative Law' 'child Protection Law' 'equal Opportunity Law'] ['working With Children Check Clearance' 'risk Assessment' 'child Abuse' 'administrative Review Procedures']

Case Brief

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children' 'Whether the decision to refuse a Working with Children Check clearance should be confirmed' 'Whether conditions can be imposed under section 27 of the Child Protection (Working with Children) Act 2012']

Ratio Decidendi

The applicant does pose a real and appreciable risk to the safety of children based on findings, and the Tribunal is not satisfied a reasonable person would allow their child direct, unsupervised contact with the applicant; therefore, the refusal to grant a Working with Children Check clearance is confirmed.

Court Disposition

Decision of the Children's Guardian to refuse clearance confirmed

Orders

  • ["The decision of the Children's Guardian on 19 July 2016 to refuse to grant the applicant a Working with Children Check clearance is confirmed." 'With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or...