CSH v Children’s Guardian [2017] NSWCATAD 148

CSH v Children’s Guardian [2017] NSWCATAD 148

The Tribunal found that the applicant posed a real and appreciable risk to the safety of children, based primarily on his lack of insight, minimization of his conduct, history of domestic violence, failure to undertake ordered counselling, and the exposure of his children to domestic violence. The Tribunal was not satisfied a reasonable person would allow a child unsupervised contact with the applicant in any child-related work, nor that granting a clearance was in the public interest. Accordingly, the Tribunal affirmed the respondent's decision to cancel the applicant's Working With Children Check clearance.

Jurisdiction
Australia
Judgment Date
10 May 2017
Procedural Posture
Administrative Review / Final Decision
Outcome
The respondent's decision to cancel the applicant's Working With Children Check clearance is affirmed.
Legal Topics
['working With Children Check' 'cancellation of Clearance' 'risk to Children' 'domestic Violence' 'administrative Review']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'cancellation of Clearance' 'risk to Children' 'domestic Violence' 'administrative Review']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ['Whether the applicant poses a risk to the safety of children within the meaning of the Child Protection (Working with Children) Act 2012 (NSW)' "Whether the respondent's decision to cancel the applicant's Working With Children Check clearance should be affirmed or set aside" 'Application of s 30(1A) of the Child Protection (Working with Children) Act 2012 (NSW): whether a reasonable person would allow a child to have direct and unsupervised contact with the applicant']

Ratio Decidendi

The Tribunal found that the applicant posed a real and appreciable risk to the safety of children, based primarily on his lack of insight, minimization of his conduct, history of domestic violence, failure to undertake ordered counselling, and the exposure of his children to domestic violence. The Tribunal was not satisfied a reasonable person would allow a child unsupervised contact with the applicant in any child-related work, nor that granting a clearance was in the public interest. Accordingly, the Tribunal affirmed the respondent's decision to cancel the applicant's Working With Children Check clearance.

Court Disposition

The respondent's decision to cancel the applicant's Working With Children Check clearance is affirmed.

Orders

  • ["The respondent's decision to cancel the applicant's Working With Children Check clearance is affirmed."]