CXT v Children’s Guardian [2017] NSWCATAD 264

CXT v Children’s Guardian [2017] NSWCATAD 264

On the available evidence and statutory criteria, the Tribunal could not be satisfied that applicant's behaviours, which previously caused her family to fear for their safety, and raised serious concerns about self-harm, would not recur in stressful situations in the presence of children. Consequently, the Tribunal found that the applicant poses a real and appreciable risk to the safety of children greater than ordinarily posed by an adult.

Jurisdiction
Australia
Judgment Date
31 August 2017
Procedural Posture
Administrative Review / Final Determination
Outcome
The decision of the Respondent to cancel the Applicant's Working with Children Check clearance is affirmed.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'mental Health' 'domestic Violence' 'avo' 'employment Suitability']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check Clearance' 'risk Assessment' 'mental Health' 'domestic Violence' 'avo' 'employment Suitability']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether the applicant poses an unacceptable risk to the safety of children under the Child Protection (Working with Children) Act 2012 (NSW)' 'Whether concerns about mental health and behaviour are overstated or mitigated' "Whether applicant's current capacity to respond to stress satisfies the Tribunal"]

Ratio Decidendi

On the available evidence and statutory criteria, the Tribunal could not be satisfied that applicant's behaviours, which previously caused her family to fear for their safety, and raised serious concerns about self-harm, would not recur in stressful situations in the presence of children. Consequently, the Tribunal found that the applicant poses a real and appreciable risk to the safety of children greater than ordinarily posed by an adult.

Court Disposition

The decision of the Respondent to cancel the Applicant's Working with Children Check clearance is affirmed.

Orders

  • ["The decision of the Respondent to cancel CXT's Working with Children Check clearance is affirmed."]