CYY v Children’s Guardian (No. 2) [2017] NSWCATAD 262

CYY v Children’s Guardian (No. 2) [2017] NSWCATAD 262

All allegations against CYY are made in the context of an ongoing acrimonious family law dispute and are either untested, unsubstantiated, or have been dismissed by court proceedings. On the balance of probabilities, CYY does not pose a real and appreciable risk to the safety of children. The Tribunal is satisfied, considering relevant statutory and factual context, that a reasonable person would allow a child to have unsupervised contact with CYY in child-related work, and it is in the public interest to grant him a clearance.

Jurisdiction
Australia
Judgment Date
29 August 2017
Procedural Posture
Merits Review / Final Decision
Outcome
Decision of Children's Guardian set aside; applicant granted Working With Children Check clearance
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'child Related Work' 'family Violence Allegations']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'child Related Work' 'family Violence Allegations']

Case Brief

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Procedural Posture

Merits Review / Final Decision

Legal Issues

  1. 1 ['Whether the applicant poses a risk to the safety of children under section 18(2) of the Child Protection (Working with Children) Act 2012' 'Whether the correct and preferable decision is to grant Working With Children Check clearance']

Ratio Decidendi

All allegations against CYY are made in the context of an ongoing acrimonious family law dispute and are either untested, unsubstantiated, or have been dismissed by court proceedings. On the balance of probabilities, CYY does not pose a real and appreciable risk to the safety of children. The Tribunal is satisfied, considering relevant statutory and factual context, that a reasonable person would allow a child to have unsupervised contact with CYY in child-related work, and it is in the public interest to grant him a clearance.

Court Disposition

Decision of Children's Guardian set aside; applicant granted Working With Children Check clearance

Orders

  • ["The decision of the Children's Guardian dated 21 February 2017 to refuse to grant the applicant a Working With Children Check clearance is set aside." 'In substitution for that decision, the applicant is granted a Working With Children Check clearance.']