CXS v Children’s Guardian [2017] NSWCATAD 351

CXS v Children’s Guardian [2017] NSWCATAD 351

Given the seriousness and substantiation of some allegations by the Department of Education and Training, the maintaining of applicant’s listing as a person causing harm, and the absence of evidence disproving risk, the Tribunal is satisfied that the applicant poses a real and appreciable risk to children and affirms the decision to refuse the Working with Children Check clearance.

Jurisdiction
Australia
Judgment Date
29 November 2017
Procedural Posture
Administrative Review / Final Judgment
Outcome
Application for review is refused; original decision affirmed
Legal Topics
['working With Children Check' 'risk to Safety of Children' 'review of Administrative Decisions']
['administrative Law' 'child Protection'] ['working With Children Check' 'risk to Safety of Children' 'review of Administrative Decisions']

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Procedural Posture

Administrative Review / Final Judgment

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children such that a Working with Children Check clearance should be refused' "What is the correct and preferable decision on the applicant's review of the refusal decision"]

Ratio Decidendi

Given the seriousness and substantiation of some allegations by the Department of Education and Training, the maintaining of applicant’s listing as a person causing harm, and the absence of evidence disproving risk, the Tribunal is satisfied that the applicant poses a real and appreciable risk to children and affirms the decision to refuse the Working with Children Check clearance.

Court Disposition

Application for review is refused; original decision affirmed

Orders

  • ["The decision of the Children's Guardian dated 20 December 2016 to refuse to grant the applicant a Working with Children Check clearance is affirmed."]