CWZ v Children’s Guardian [2017] NSWCATAD 297

CWZ v Children’s Guardian [2017] NSWCATAD 297

The Tribunal was not satisfied on the balance of probabilities that any of the alleged offences occurred, but accepted there is a significant possibility that one or more may have occurred. However, given the lapse of over 40 years since the alleged conduct, the absence of any further allegations or adverse findings, positive character references, and the expert evidence that any potential risk of reoffending is of the lowest order, the applicant does not currently pose a real and appreciable risk to the safety of children. The correct and preferable decision is to set aside the cancellation of the Applicant's Working with Children Check Clearance.

Parties
Applicant: CWZ; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
10 October 2017
Procedural Posture
Administrative Review / Final Decision
Outcome
Application allowed; decision set aside
Legal Topics
Working With Children Check, Clearance Cancellation, Risk Assessment, Review of Administrative Decision
Administrative Law Child Protection Employment Law Working With Children Check Clearance Cancellation Risk Assessment Review of Administrative Decision

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Parties

CWZ

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children for purposes of the Child Protection (Working With Children) Act 2012
  2. 2 Whether the decision to cancel the Applicant's Working with Children Check Clearance was correct and preferable

Ratio Decidendi

The Tribunal was not satisfied on the balance of probabilities that any of the alleged offences occurred, but accepted there is a significant possibility that one or more may have occurred. However, given the lapse of over 40 years since the alleged conduct, the absence of any further allegations or adverse findings, positive character references, and the expert evidence that any potential risk of reoffending is of the lowest order, the applicant does not currently pose a real and appreciable risk to the safety of children. The correct and preferable decision is to set aside the cancellation of the Applicant's Working with Children Check Clearance.

Court Disposition

Application allowed; decision set aside

Orders

  • The decision of the Children's Guardian of 22 November 2016 cancelling the Applicant's Working with Children Check Clearance is set aside.
  • Broadcast or publication without leave of the Tribunal of the name or other information identifying the applicant or any person who has made allegations against the applicant and is referred to in these proceedings is prohibited.