CTE v Children’s Guardian [2018] NSWCATAD 28

CTE v Children’s Guardian [2018] NSWCATAD 28

The Tribunal affirmed the respondent's refusal of a Working with Children Check clearance as it was satisfied, on the balance of probabilities and having regard to all mandatory s 30 factors, that the applicant poses a real and appreciable risk to the safety of children; further, the Tribunal has no power to grant a conditional clearance or exempt the applicant from the statutory requirement under the Act.

Parties
Applicant: CTE; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
02 February 2018
Procedural Posture
Administrative Review Application / Final Decision
Outcome
Refusal of application; decision affirmed
Legal Topics
Working With Children Check, Child Related Work, Tribunal Powers, Risk Assessment, Conditions on Clearances, Exemptions Under Statute
Administrative Law Equal Opportunity Working With Children Check Child Related Work Tribunal Powers Risk Assessment Conditions on Clearances Exemptions Under Statute

Case Brief

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Parties

CTE

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review Application / Final Decision

Legal Issues

  1. 1 Whether the Tribunal may grant a Working with Children Check clearance with conditions under s 27 of the Child Protection (Working with Children) Act 2012 (NSW)
  2. 2 Whether the Tribunal may exempt the applicant from the requirement to hold a clearance
  3. 3 Whether the applicant poses a real and appreciable risk to the safety of children

Ratio Decidendi

The Tribunal affirmed the respondent's refusal of a Working with Children Check clearance as it was satisfied, on the balance of probabilities and having regard to all mandatory s 30 factors, that the applicant poses a real and appreciable risk to the safety of children; further, the Tribunal has no power to grant a conditional clearance or exempt the applicant from the statutory requirement under the Act.

Court Disposition

Refusal of application; decision affirmed

Orders

  • The decision of the Children's Guardian dated 22 September 2016 to refuse to grant the applicant a Working with Children Check clearance is affirmed.
  • The Tribunal's decision as set out in (1) takes effect on 2 March 2018, being 4 weeks after the date of the Tribunal's decision.