CVE v Children’s Guardian (No. 2) [2017] NSWCATAD 371

CVE v Children’s Guardian (No. 2) [2017] NSWCATAD 371

The applicant does not pose a real and appreciable risk to the safety of children. She has demonstrated genuine remorse, significant rehabilitation, and insight into her prior offending and risk factors. There have been no recent offences (over six years), and professional evidence supports a finding of low to low/moderate risk, not specific to children. A reasonable person with full knowledge of the evidence would allow unsupervised child contact, and the public interest supports the grant of a Working with Children Check clearance given the applicant's rehabilitation and benefit to the community.

Jurisdiction
Australia
Judgment Date
19 December 2017
Procedural Posture
Administrative Review / Remittal Hearing Following Supreme Court Appeal
Outcome
Decision of the Children's Guardian refusing clearance is set aside and substituted with grant of Working with Children Check clearance.
Legal Topics
['working With Children Check' 'risk Assessment' 'public Interest' 'reasonable Person Test' 'administrative Review']
['administrative Law' 'child Protection'] ['working With Children Check' 'risk Assessment' 'public Interest' 'reasonable Person Test' 'administrative Review']

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Procedural Posture

Administrative Review / Remittal Hearing Following Supreme Court Appeal

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children' 'Whether a reasonable person would allow his or her child to have direct, unsupervised contact with the applicant' 'Whether it is in the public interest to grant the applicant a Working with Children Check clearance']

Ratio Decidendi

The applicant does not pose a real and appreciable risk to the safety of children. She has demonstrated genuine remorse, significant rehabilitation, and insight into her prior offending and risk factors. There have been no recent offences (over six years), and professional evidence supports a finding of low to low/moderate risk, not specific to children. A reasonable person with full knowledge of the evidence would allow unsupervised child contact, and the public interest supports the grant of a Working with Children Check clearance given the applicant's rehabilitation and benefit to the community.

Court Disposition

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

Orders

  • ["The decision of the Children's Guardian dated 21 October 2016 to refuse to grant the applicant a Working with Children Check clearance is set aside." 'In substitution for that decision, the following decision is made: The applicant is granted a Working with Children Check clearance.']