CYA v Children’s Guardian [2017] NSWCATAD 230

CYA v Children’s Guardian [2017] NSWCATAD 230

The Tribunal found that, on the balance of probabilities, the applicant poses a risk to the safety of children, due to her demonstrated aggressive and threatening behaviour witnessed by her child, lack of insight into the effects of family violence on children, a significant history of police and family violence interventions, and absence of ongoing mental health treatment. The correct and preferable decision, therefore, was to affirm the cancellation of her Working with Children Check Clearance.

Jurisdiction
Australia
Judgment Date
20 July 2017
Procedural Posture
Administrative Review / Final Decision
Outcome
Affirmed—Refusal of Working with Children Check Clearance upheld
Legal Topics
['working With Children Check' 'risk to Safety of Children' 'administrative Review' 'assessment of Risk' 'family Violence' 'apprehended Violence Orders']
['administrative Law' 'child Protection'] ['working With Children Check' 'risk to Safety of Children' 'administrative Review' 'assessment of Risk' 'family Violence' 'apprehended Violence Orders']

Case Brief

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Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ['Whether the applicant poses a risk to the safety of children for the purposes of refusing a Working with Children Check Clearance']

Ratio Decidendi

The Tribunal found that, on the balance of probabilities, the applicant poses a risk to the safety of children, due to her demonstrated aggressive and threatening behaviour witnessed by her child, lack of insight into the effects of family violence on children, a significant history of police and family violence interventions, and absence of ongoing mental health treatment. The correct and preferable decision, therefore, was to affirm the cancellation of her Working with Children Check Clearance.

Court Disposition

Affirmed—Refusal of Working with Children Check Clearance upheld

Orders

  • ["The Tribunal affirms the respondent's decision to refuse to grant the applicant a Working with Children Check Clearance."]