CTF v Children’s Guardian [2017] NSWCATAD 184

CTF v Children’s Guardian [2017] NSWCATAD 184

On the balance of probabilities, the Tribunal was not satisfied that there is not a real and appreciable risk of relapse into substance use and violent offending, and therefore finds the applicant poses a risk to the safety of children. Additionally, the Tribunal was not satisfied that a reasonable person would allow unsupervised contact with the applicant, nor that granting a clearance is in the public interest. The decision of the Children's Guardian to refuse the Working With Children Check clearance is affirmed.

Parties
Applicant: CTF; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
14 June 2017
Procedural Posture
Review of Administrative Decision / Final Decision
Outcome
Decision affirmed; clearance refused.
Legal Topics
Working With Children Check Clearance, Risk Assessment, Merits Review, Child Protection Notifications, Procedural Fairness
Administrative Law Child Protection Working With Children Check Clearance Risk Assessment Merits Review Child Protection Notifications Procedural Fairness

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Parties

CTF

Applicant

Children's Guardian

Respondent

Procedural Posture

Review of Administrative Decision / Final Decision

Legal Issues

  1. 1 Does the applicant pose a risk to the safety of children?
  2. 2 Should the applicant be granted a Working With Children Check clearance?
  3. 3 Is it in the public interest to grant the clearance?

Ratio Decidendi

On the balance of probabilities, the Tribunal was not satisfied that there is not a real and appreciable risk of relapse into substance use and violent offending, and therefore finds the applicant poses a risk to the safety of children. Additionally, the Tribunal was not satisfied that a reasonable person would allow unsupervised contact with the applicant, nor that granting a clearance is in the public interest. The decision of the Children's Guardian to refuse the Working With Children Check clearance is affirmed.

Court Disposition

Decision affirmed; clearance refused.

Orders

  • The decision of the Children's Guardian dated 23 August 2016 to refuse to grant the applicant a Working With Children Check clearance is affirmed.
  • The disclosure of the name of the applicant and any victim or child referred to in these reasons is prohibited.