CVG v Children’s Guardian [2017] NSWCATAD 168

CVG v Children’s Guardian [2017] NSWCATAD 168

Taking into account the section 30(1) factors, the Tribunal was satisfied that the Applicant posed a real and appreciable risk to the safety of children greater than the risk posed by any ordinary adult. The Tribunal relied on the seriousness of the trigger offence involving intimidation of a 16-year-old child, the Applicant's limited insight into the impact of his conduct, concerns arising from his social media communications with V2, the FACS substantiation of inappropriate touching, absence of expert risk evidence supporting him, and unresolved evidence about the effect of his mental health on child safety. The correct and preferable decision was therefore to cancel the Working with...

Jurisdiction
Australia
Judgment Date
26 May 2017
Procedural Posture
Administrative Review of Decision to Cancel a Working With Children Check Clearance / Final Decision
Outcome
The Respondent's decision to cancel the Working with Children Check clearance was affirmed.
Legal Topics
['working With Children Check Clearance' 'risk to the Safety of Children' 'domestic Violence Offence' 'apprehended Violence Orders']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk to the Safety of Children' 'domestic Violence Offence' 'apprehended Violence Orders']

Case Brief

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Procedural Posture

Administrative Review of Decision to Cancel a Working With Children Check Clearance / Final Decision

Legal Issues

  1. 1 ["Whether the correct and preferable decision was to cancel the Applicant's Working with Children Check clearance." 'Whether the Applicant posed a real and appreciable risk to the safety of children greater than the risk posed ordinarily by any adult.' 'Whether the factors in section 30(1) of the Child Protection (Working with Children) Act 2012 (NSW) supported cancellation of the clearance.']

Ratio Decidendi

Taking into account the section 30(1) factors, the Tribunal was satisfied that the Applicant posed a real and appreciable risk to the safety of children greater than the risk posed by any ordinary adult. The Tribunal relied on the seriousness of the trigger offence involving intimidation of a 16-year-old child, the Applicant's limited insight into the impact of his conduct, concerns arising from his social media communications with V2, the FACS substantiation of inappropriate touching, absence of expert risk evidence supporting him, and unresolved evidence about the effect of his mental health on child safety. The correct and preferable decision was therefore to cancel the Working with...

Court Disposition

The Respondent's decision to cancel the Working with Children Check clearance was affirmed.

Orders

  • ['The decision of the Respondent to cancel the Working with Children Check Clearance is affirmed.']