CVD v Children’s Guardian [2017] NSWCATAD 224

CVD v Children’s Guardian [2017] NSWCATAD 224

On the balance of probabilities, the allegation against CVD was not substantiated, there is no evidence of sexual intent or abusive conduct, expert evidence confirms low risk of re-offending, and CVD does not pose a real or appreciable risk to the safety of children. Tribunal satisfied statutory criteria for review and clearance should be granted.

Jurisdiction
Australia
Judgment Date
19 June 2017
Procedural Posture
Administrative Review / Merits Review Before NSW Civil and Administrative Tribunal
Outcome
Decision of the Children's Guardian refusing clearance is set aside and substituted with grant of clearance.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'review of Administrative Decision' 'child Abuse Allegations']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check Clearance' 'risk Assessment' 'review of Administrative Decision' 'child Abuse Allegations']

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Procedural Posture

Administrative Review / Merits Review Before NSW Civil and Administrative Tribunal

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children' 'Whether the allegation of indecent assault in 2001 supports refusal of Working With Children Check Clearance' 'Application of statutory risk assessment criteria under Child Protection (Working with Children) Act 2012']

Ratio Decidendi

On the balance of probabilities, the allegation against CVD was not substantiated, there is no evidence of sexual intent or abusive conduct, expert evidence confirms low risk of re-offending, and CVD does not pose a real or appreciable risk to the safety of children. Tribunal satisfied statutory criteria for review and clearance should be granted.

Court Disposition

Decision of the Children's Guardian refusing clearance is set aside and substituted with grant of clearance.

Orders

  • ["The decision of the Children's Guardian in its letter of 30 September 2016 to CVD refusing his application for a Working With Children Check Clearance is set aside." "The Children's Guardian must grant CVD a Working With Children Check Clearance." 'Publication or broadcast of the name or other identifying...