CWG v Children’s Guardian [2017] NSWCATAD 99

CWG v Children’s Guardian [2017] NSWCATAD 99

On the balance of probabilities, after taking into account the mandated considerations under s30(1) of the Child Protection (Working with Children) Act 2012 (NSW), there is insufficient evidence to find that the applicant poses a real and appreciable risk to the safety of children that would justify the refusal of a Working with Children Check clearance.

Parties
Applicant: CWG; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
31 March 2017
Procedural Posture
Administrative Review / Final Determination – Merits Review
Outcome
Decision of Children's Guardian refusing WWCC clearance set aside; applicant granted clearance
Legal Topics
Working With Children Check, Risk Assessment, Protective Jurisdiction
Administrative Law Child Protection Working With Children Check Risk Assessment Protective Jurisdiction

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 5 Authorities cited 20 Party arguments 2
Sign in to unlock

Parties

CWG

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Determination – Merits Review

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 (NSW)
  2. 2 Whether the refusal of a Working with Children Check clearance is correct and preferable based on the evidence

Ratio Decidendi

On the balance of probabilities, after taking into account the mandated considerations under s30(1) of the Child Protection (Working with Children) Act 2012 (NSW), there is insufficient evidence to find that the applicant poses a real and appreciable risk to the safety of children that would justify the refusal of a Working with Children Check clearance.

Court Disposition

Decision of Children's Guardian refusing WWCC clearance set aside; applicant granted clearance

Orders

  • The decision of the Children's Guardian dated 22 November 2016 to refuse to grant the applicant a Working with Children Check clearance is set aside.
  • The applicant is granted a Working with Children Check clearance.