CVE v Children’s Guardian [2017] NSWCATAD 197

CVE v Children’s Guardian [2017] NSWCATAD 197

Taking into account all considerations required by section 30(1) of the Child Protection (Working with Children) Act 2012 (NSW), the Tribunal found that although the applicant had a significant criminal history involving physical assault and impulsive violence, the only physical injury to a child was the 1994 trigger offence when the applicant was also a child; later incidents involving children were as witnesses rather than victims; the FACS notifications carried negligible weight where they could not be tested; more than six years had passed since her last offence; she showed genuine remorse, insight and commitment to avoiding future violence including abstinence from alcohol; and Dr...

Jurisdiction
Australia
Judgment Date
20 June 2017
Procedural Posture
Application for Administrative Review Under Section 27 of the Child Protection (working With Children) Act 2012 (nsw) of Refusal to Grant a Working With Children Check Clearance / Decision After Hearing
Outcome
The decision of the Children's Guardian dated 21 October 2016 to refuse the applicant a Working with Children Check clearance was set aside and substituted with a decision granting the clearance.
Legal Topics
['working With Children Check Clearance' 'risk to the Safety of Children' 'administrative Review' 'correct and Preferable Decision']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk to the Safety of Children' 'administrative Review' 'correct and Preferable Decision']

Case Brief

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Procedural Posture

Application for Administrative Review Under Section 27 of the Child Protection (working With Children) Act 2012 (nsw) of Refusal to Grant a Working With Children Check Clearance / Decision After Hearing

Legal Issues

  1. 1 ['What is the correct and preferable decision having regard to the material before the Tribunal in relation to granting a Working with Children Check clearance to the applicant.' 'Whether the applicant poses a real and appreciable risk to the safety of children.']

Ratio Decidendi

Taking into account all considerations required by section 30(1) of the Child Protection (Working with Children) Act 2012 (NSW), the Tribunal found that although the applicant had a significant criminal history involving physical assault and impulsive violence, the only physical injury to a child was the 1994 trigger offence when the applicant was also a child; later incidents involving children were as witnesses rather than victims; the FACS notifications carried negligible weight where they could not be tested; more than six years had passed since her last offence; she showed genuine remorse, insight and commitment to avoiding future violence including abstinence from alcohol; and Dr...

Court Disposition

The decision of the Children's Guardian dated 21 October 2016 to refuse the applicant a Working with Children Check clearance was set aside and substituted with a decision granting the 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 applicant is granted a Working with Children Check clearance.']