CZQ v Children's Guardian [2017] NSWCATAD 328

CZQ v Children's Guardian [2017] NSWCATAD 328

The correct and preferable decision was to affirm the refusal because, considering the section 30(1) factors and all the material, the applicant posed a risk to the safety of children. The trigger assault on her eight year old daughter was serious; the applicant did not accept responsibility, showed no remorse, minimised the incident, lacked insight, and blamed others. Although the Tribunal could not make positive findings on all additional allegations, the wide pattern of reported conflict, ADVOs, police and child protection involvement, classroom complaints, lack of counselling, and absence of demonstrated risk management strategies meant the risk to children had not been adequately...

Jurisdiction
Australia
Judgment Date
13 November 2017
Procedural Posture
Application for Administrative Review of a Refusal to Grant a Working With Children Check Clearance / Review Under Section 27 of the Child Protection (working With Children) Act 2012 (nsw); Decision Affirmed
Outcome
The decision of the Children's Guardian dated 14 February 2017 to refuse to grant the applicant a Working with Children Check clearance is affirmed.
Legal Topics
['working With Children Check Clearance' 'refusal of Clearance' 'risk Assessment' 'child Related Work' 'assault on Own Child' 'apprehended Domestic Violence Orders']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'refusal of Clearance' 'risk Assessment' 'child Related Work' 'assault on Own Child' 'apprehended Domestic Violence Orders']

Case Brief

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Procedural Posture

Application for Administrative Review of a Refusal to Grant a Working With Children Check Clearance / Review Under Section 27 of the Child Protection (working With Children) Act 2012 (nsw); Decision Affirmed

Legal Issues

  1. 1 ['Whether the 2015 amendments inserting s 15 (4A) and s 30 (1A) into the Child Protection (Working with Children) Act 2012 (NSW) applied to the proceedings.' 'Whether, as at the date of hearing, the applicant posed a real and appreciable risk to children.' 'Whether the correct and preferable decision was to grant or refuse the applicant a Working with Children Check clearance.']

Ratio Decidendi

The correct and preferable decision was to affirm the refusal because, considering the section 30(1) factors and all the material, the applicant posed a risk to the safety of children. The trigger assault on her eight year old daughter was serious; the applicant did not accept responsibility, showed no remorse, minimised the incident, lacked insight, and blamed others. Although the Tribunal could not make positive findings on all additional allegations, the wide pattern of reported conflict, ADVOs, police and child protection involvement, classroom complaints, lack of counselling, and absence of demonstrated risk management strategies meant the risk to children had not been adequately...

Court Disposition

The decision of the Children's Guardian dated 14 February 2017 to refuse to grant the applicant a Working with Children Check clearance is affirmed.

Orders

  • ["The decision of the Children's Guardian dated 14 February 2017 to refuse to grant the applicant a Working with Children Check clearance is affirmed."]