CSU v Children's Guardian [2017] NSWCATAD 302

CSU v Children's Guardian [2017] NSWCATAD 302

Having considered all required statutory criteria, the Tribunal found on the balance of probabilities that the applicant poses a real and appreciable risk to children's safety. Even if otherwise, the Tribunal was not satisfied a reasonable person would permit their child unsupervised contact with the applicant. The correct and preferable decision was to confirm the refusal of a clearance.

Jurisdiction
Australia
Judgment Date
18 October 2017
Procedural Posture
Administrative Review / Final Decision
Outcome
Decision of the Children's Guardian refusing a clearance is confirmed.
Legal Topics
['working With Children Check' 'risk Assessment' 'child Abuse Allegations' 'administrative Review' 'protective Jurisdiction']
['administrative Law' 'child Protection'] ['working With Children Check' 'risk Assessment' 'child Abuse Allegations' 'administrative Review' 'protective Jurisdiction']

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Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ['Whether the applicant poses a risk to the safety of children for the purpose of a Working with Children Check clearance under the Child Protection (Working with Children) Act 2012' "Whether the Tribunal should confirm the Children's Guardian’s refusal to grant a clearance under the Act" 'Whether the legislative scheme permits conditional clearances']

Ratio Decidendi

Having considered all required statutory criteria, the Tribunal found on the balance of probabilities that the applicant poses a real and appreciable risk to children's safety. Even if otherwise, the Tribunal was not satisfied a reasonable person would permit their child unsupervised contact with the applicant. The correct and preferable decision was to confirm the refusal of a clearance.

Court Disposition

Decision of the Children's Guardian refusing a clearance is confirmed.

Orders

  • ["The decision of the Children's Guardian on 24 August 2016 to refuse to grant the applicant a Working with Children Check clearance under the Child Protection (Working with Children) Act 2012 is confirmed." 'With the exception of expert witnesses and officers of government agencies, the publication or broadcast of...