CVS v Children’s Guardian [2017] NSWCATAD 154

CVS v Children’s Guardian [2017] NSWCATAD 154

The Tribunal found that, on the balance of probabilities and based on agreed facts, evidence, and expert assessment, the applicant does not pose a real and appreciable risk to the safety of any child and that it is in the public interest to grant an enabling order permitting the applicant to obtain a Working With Children Check Clearance.

Jurisdiction
Australia
Judgment Date
03 April 2017
Procedural Posture
Administrative Review / Decision on Application for Enabling Order
Outcome
Application granted; enabling order made
Legal Topics
['working With Children Check' 'disqualifying Offence' 'risk Assessment' 'enabling Order']
['administrative Law' 'equal Opportunity Law' 'child Protection Law'] ['working With Children Check' 'disqualifying Offence' 'risk Assessment' 'enabling Order']

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Procedural Posture

Administrative Review / Decision on Application for Enabling Order

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children under the Child Protection (Working With Children) Act 2012 in respect of an offence of assault with act of indecency under Section 61L of the Crimes Act 1900' 'Whether an enabling order should be made allowing the applicant to obtain a Working With Children Check Clearance']

Ratio Decidendi

The Tribunal found that, on the balance of probabilities and based on agreed facts, evidence, and expert assessment, the applicant does not pose a real and appreciable risk to the safety of any child and that it is in the public interest to grant an enabling order permitting the applicant to obtain a Working With Children Check Clearance.

Court Disposition

Application granted; enabling order made

Orders

  • ['The applicant is not to be treated as a disqualified person for purposes of the Child Protection (Working With Children) Act 2012 in respect of the offence of assault with act of indecency under Section 61L of the Crimes Act 1900 of which he was dealt with by the District court of NSW at Newcastle on 12 September...