CVZ v Children’s Guardian [2017] NSWCATAD 284

CVZ v Children’s Guardian [2017] NSWCATAD 284

On the balance of probabilities, the psychological evidence and CVZ's own evidence established that his offending behaviour was an immature and anti-social response to stressors, not a sexual fetish or pattern of sexually deviant behaviour; he had accepted responsibility, developed insight, engaged in treatment, and the likelihood of repetition was minimal. The Tribunal therefore found that CVZ did not pose a real and appreciable risk to the safety of children and the refusal of a WWCC clearance should be set aside.

Jurisdiction
Australia
Judgment Date
20 September 2017
Procedural Posture
Administrative Review of Refusal of Working With Children Check Clearance / Final Decision After Hearing
Outcome
The Respondent's decision to refuse a Working with Children Check clearance was set aside and CVZ was granted a WWCC clearance.
Legal Topics
['working With Children Check Clearance' 'risk to the Safety of Children' 'review of Administrative Decision']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk to the Safety of Children' 'review of Administrative Decision']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review of Refusal of Working With Children Check Clearance / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the Applicant poses a real and appreciable risk to the safety of children.' "Whether the Respondent's decision to refuse a Working with Children Check clearance should be set aside."]

Ratio Decidendi

On the balance of probabilities, the psychological evidence and CVZ's own evidence established that his offending behaviour was an immature and anti-social response to stressors, not a sexual fetish or pattern of sexually deviant behaviour; he had accepted responsibility, developed insight, engaged in treatment, and the likelihood of repetition was minimal. The Tribunal therefore found that CVZ did not pose a real and appreciable risk to the safety of children and the refusal of a WWCC clearance should be set aside.

Court Disposition

The Respondent's decision to refuse a Working with Children Check clearance was set aside and CVZ was granted a WWCC clearance.

Orders

  • ['The decision of the Respondent to refuse a Working with Children Check Clearance is set aside.' 'CVZ is granted a WWCC clearance.']