CYP v Children's Guardian [2017] NSWCATAD 322

CYP v Children's Guardian [2017] NSWCATAD 322

On the material before the Tribunal, the applicant poses a real and appreciable risk to the safety of children, with insufficient evidence of insight, stability, or effective remediation. The decision of the Children's Guardian refusing the Working with Children Check clearance is affirmed.

Jurisdiction
Australia
Judgment Date
07 November 2017
Procedural Posture
Administrative Review / Final Determination
Outcome
Application refused; decision affirmed
Legal Topics
['refusal of Working With Children Check Clearance' 'abuse of Infant' 'assessment of Risk']
['administrative Law' 'child Protection'] ['refusal of Working With Children Check Clearance' 'abuse of Infant' 'assessment of Risk']

Case Brief

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether applicant poses a real and appreciable risk to children' 'Whether applicant should be granted a Working with Children Check clearance']

Ratio Decidendi

On the material before the Tribunal, the applicant poses a real and appreciable risk to the safety of children, with insufficient evidence of insight, stability, or effective remediation. The decision of the Children's Guardian refusing the Working with Children Check clearance is affirmed.

Court Disposition

Application refused; decision affirmed

Orders

  • ["The decision of the Children's Guardian dated 28 November 2016 to refuse to grant the applicant a Working with Children Check clearance is affirmed."]