CXQ v Children’s Guardian [2018] NSWCATAD 70

CXQ v Children’s Guardian [2018] NSWCATAD 70

The Tribunal affirmed the refusal of a working with children check clearance because, having regard to the paramount objective of child safety, CXQ posed a real and appreciable risk to the safety of children. It found that she had physically smacked and yelled at the children, retained lingering doubt or suspicion about allegations of serious physical assault and exposure of the niece to inappropriate adult sexual activity, and accepted that any suggested limitation to structured or supervised work could not be imposed because a clearance cannot be granted on conditions.

Jurisdiction
Australia
Judgment Date
27 March 2018
Procedural Posture
Administrative Review of a Working With Children Check Clearance Decision / Merits Review After Hearing
Outcome
The decision of the Children's Guardian to refuse the applicant a working with children check clearance is affirmed.
Legal Topics
['working With Children Check Clearance' 'risk to the Safety of Children' 'risk of Harm Reports' 'correct and Preferable Decision' 'protective Jurisdiction']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk to the Safety of Children' 'risk of Harm Reports' 'correct and Preferable Decision' 'protective Jurisdiction']

Case Brief

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Procedural Posture

Administrative Review of a Working With Children Check Clearance Decision / Merits Review After Hearing

Legal Issues

  1. 1 ['Whether CXQ poses a risk to the safety of children for the purposes of the Child Protection (Working with Children) Act 2012.' "Whether the correct and preferable decision was to affirm the Children's Guardian's refusal of a working with children check clearance." 'How the Tribunal should treat untested allegations and lingering doubt in assessing risk to children.']

Ratio Decidendi

The Tribunal affirmed the refusal of a working with children check clearance because, having regard to the paramount objective of child safety, CXQ posed a real and appreciable risk to the safety of children. It found that she had physically smacked and yelled at the children, retained lingering doubt or suspicion about allegations of serious physical assault and exposure of the niece to inappropriate adult sexual activity, and accepted that any suggested limitation to structured or supervised work could not be imposed because a clearance cannot be granted on conditions.

Court Disposition

The decision of the Children's Guardian to refuse the applicant a working with children check clearance is affirmed.

Orders

  • ["The decision of the Children's Guardian to refuse the applicant a working with children check clearance is affirmed."]