CVI v Children’s Guardian [2017] NSWCATAD 76

CVI v Children’s Guardian [2017] NSWCATAD 76

The Tribunal found, on the balance of probabilities, that the applicant poses a risk to the safety of children due to the seriousness and recency of his offending (stalking and intimidation of a child in a domestic context, subsequent breaches of apprehended violence orders), his minimisation of conduct and lack of insight, and the fact that ongoing court orders remain in force. The Tribunal was not satisfied that a reasonable person would allow unsupervised contact with the applicant in child-related work or that granting a clearance was in the public interest. Accordingly, the decision to refuse to grant a Working with Children Check clearance was affirmed.

Parties
Applicant: CVI; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
14 March 2017
Procedural Posture
Administrative Review / Merits Hearing and Final Decision
Outcome
Affirmed refusal of Working with Children Check clearance.
Legal Topics
Working With Children Check, Risk Assessment, Administrative Review, Child Related Offences, Apprehended Violence Orders
Administrative Law Child Protection Equal Opportunity Working With Children Check Risk Assessment Administrative Review Child Related Offences Apprehended Violence Orders

Case Brief

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Parties

CVI

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Merits Hearing and Final Decision

Legal Issues

  1. 1 Whether the applicant poses a risk to the safety of children under the Child Protection (Working with Children) Act 2012
  2. 2 Whether the correct and preferable decision is to affirm or overturn the decision to refuse a Working with Children Check clearance

Ratio Decidendi

The Tribunal found, on the balance of probabilities, that the applicant poses a risk to the safety of children due to the seriousness and recency of his offending (stalking and intimidation of a child in a domestic context, subsequent breaches of apprehended violence orders), his minimisation of conduct and lack of insight, and the fact that ongoing court orders remain in force. The Tribunal was not satisfied that a reasonable person would allow unsupervised contact with the applicant in child-related work or that granting a clearance was in the public interest. Accordingly, the decision to refuse to grant a Working with Children Check clearance was affirmed.

Court Disposition

Affirmed refusal of Working with Children Check clearance.

Orders

  • The decision of the Children's Guardian dated 10 October 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.