CYZ v Children’s Guardian [2017] NSWCATAD 255

CYZ v Children’s Guardian [2017] NSWCATAD 255

On the material before it, including the Applicant's acquittal of all historical charges, absence of any other complaints or charges, favourable lay and professional references, and expert psychological opinion assessing her risk as negligible and indistinguishable from a non-offending female member of the population, the Tribunal was satisfied on the balance of probabilities that the Applicant does not pose a risk to the safety of children. The correct and preferable decision was therefore to set aside the refusal and grant the Working with Children Check clearance.

Jurisdiction
Australia
Judgment Date
14 August 2017
Procedural Posture
Administrative Review of Refusal of Working With Children Check Clearance / Hearing and Final Decision
Outcome
The Respondent's decision was set aside and the Applicant was granted a Working with Children Check clearance.
Legal Topics
['working With Children Check Clearance' 'risk to the Safety of Children' 'child Related Work Clearance Review']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk to the Safety of Children' 'child Related Work Clearance Review']

Case Brief

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Procedural Posture

Administrative Review of Refusal of Working With Children Check Clearance / Hearing and Final Decision

Legal Issues

  1. 1 ["Whether the Respondent's decision to refuse the Applicant a Working with Children Check clearance should be set aside." 'Whether the Applicant poses a real and appreciable risk to the safety of children.' 'Whether the correct and preferable decision is to grant the Applicant a Working with Children Check clearance.']

Ratio Decidendi

On the material before it, including the Applicant's acquittal of all historical charges, absence of any other complaints or charges, favourable lay and professional references, and expert psychological opinion assessing her risk as negligible and indistinguishable from a non-offending female member of the population, the Tribunal was satisfied on the balance of probabilities that the Applicant does not pose a risk to the safety of children. The correct and preferable decision was therefore to set aside the refusal and grant the Working with Children Check clearance.

Court Disposition

The Respondent's decision was set aside and the Applicant was granted a Working with Children Check clearance.

Orders

  • ['The decision of the Respondent dated 20 January 2017 to refuse the Applicant a Working with Children Check clearance is set aside.' 'The Applicant is to be granted a Working with Children Check clearance.']