CYW v Children’s Guardian [2017] NSWCATAD 313

CYW v Children’s Guardian [2017] NSWCATAD 313

On the evidence, CYW poses a real and appreciable risk to the safety of children due to her lack of insight, failure to acknowledge or mitigate known risks, reliance on her son for discipline contrary to previous advice, and prioritization of family members over foster children's protective needs. Therefore, the decision to cancel her Working with Children Clearance must be affirmed, having regard to the relevant statutory considerations.

Parties
Applicant: CYW; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
30 October 2017
Procedural Posture
Administrative Law Review Application / Merits Review and Final Orders
Outcome
Decision of the Children's Guardian affirmed.
Legal Topics
Working With Children Check, Risk to Safety of Children, Tribunal Review of Administrative Decision
Administrative Law Child Protection Working With Children Check Risk to Safety of Children Tribunal Review of Administrative Decision

Case Brief

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Parties

CYW

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Law Review Application / Merits Review and Final Orders

Legal Issues

  1. 1 Whether the Applicant poses a risk to the safety of children and should have her Working with Children Clearance cancelled

Ratio Decidendi

On the evidence, CYW poses a real and appreciable risk to the safety of children due to her lack of insight, failure to acknowledge or mitigate known risks, reliance on her son for discipline contrary to previous advice, and prioritization of family members over foster children's protective needs. Therefore, the decision to cancel her Working with Children Clearance must be affirmed, having regard to the relevant statutory considerations.

Court Disposition

Decision of the Children's Guardian affirmed.

Orders

  • The decision to cancel the Applicant's Working with Children Clearance is affirmed.