CZE v Children’s Guardian [2017] NSWCATAD 185

CZE v Children’s Guardian [2017] NSWCATAD 185

Although the applicant had committed serious violent offences and had an extensive criminal record, none of the victims was a child, the most recent offence was about five years earlier, his offending was connected with substance abuse, and the evidence showed he had abstained from illicit drugs and alcohol, significantly matured, formed a stable family life, worked with children for about two years without complaint, and had strong protective factors. The Tribunal accepted the psychiatric evidence that no current risk factors for future violence were identified and that the risk of relapse was low. The respondent's case that relapse would lead to violence affecting children was...

Jurisdiction
Australia
Judgment Date
17 May 2017
Procedural Posture
Administrative Review of Decision to Refuse a Working With Children Check Clearance / Principal Judgment in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales
Outcome
The decision of the Children's Guardian was set aside and the applicant was granted a working with children check clearance.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'violent Offending' 'substance Abuse and Rehabilitation' 'safety of Children']
['administrative Law' 'child Protection' 'working With Children Checks'] ['working With Children Check Clearance' 'risk Assessment' 'violent Offending' 'substance Abuse and Rehabilitation' 'safety of Children']

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Procedural Posture

Administrative Review of Decision to Refuse a Working With Children Check Clearance / Principal Judgment in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

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

Ratio Decidendi

Although the applicant had committed serious violent offences and had an extensive criminal record, none of the victims was a child, the most recent offence was about five years earlier, his offending was connected with substance abuse, and the evidence showed he had abstained from illicit drugs and alcohol, significantly matured, formed a stable family life, worked with children for about two years without complaint, and had strong protective factors. The Tribunal accepted the psychiatric evidence that no current risk factors for future violence were identified and that the risk of relapse was low. The respondent's case that relapse would lead to violence affecting children was...

Court Disposition

The decision of the Children's Guardian was set aside and the applicant was granted a working with children check clearance.

Orders

  • ["The decision of the Children's Guardian to refuse to grant the applicant a working with children check clearance is set aside." 'In substitution for that decision, the following decision is made: The applicant is granted a working with children check clearance.']