CWJ v Children’s Guardian [2017] NSWCATAD 227

CWJ poses a real and appreciable risk to the safety of children, considering his serious violent offence, ongoing issues with stress and mental health, and insufficient independent expert evidence of improved capacity to cope with stress. Accordingly, refusal of the Working with Children Check Clearance is correct.

Jurisdiction: Australia
Judgment Date: 19 July 2017
Procedural Posture: Review of Administrative Decision / Final Merits Hearing and Decision
Outcome: Application dismissed; decision to refuse Working with Children Check Clearance affirmed.
Legal Topics: ['working With Children Check' 'risk Assessment' 'child Safety' 'review of Administrative Decision']

['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'risk Assessment' 'child Safety' 'review of Administrative Decision']

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Procedural Posture

Review of Administrative Decision / Final Merits Hearing and Decision

Legal Issues

1 ['Whether the applicant poses a risk to the safety of children for the purposes of a Working with Children Check under the Child Protection (Working with Children) Act 2012 (NSW)' 'Application of factors under s 30(1) of the Child Protection (Working with Children) Act 2012 (NSW)']

Ratio Decidendi

Court Disposition

Application dismissed; decision to refuse Working with Children Check Clearance affirmed.

Orders

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