EAA v Children’s Guardian [2020] NSWCATAD 32

EAA v Children’s Guardian [2020] NSWCATAD 32

Considering the applicant's acquittal, expert assessment of very low risk, positive character references, no concerning criminal history, and weighing the unproven allegations, the Tribunal was satisfied that the applicant did not pose a real and appreciable risk to children. A reasonable person would allow direct contact with the applicant, and granting a clearance is in the public interest.

Jurisdiction
Australia
Judgment Date
29 January 2020
Procedural Posture
Administrative Review / Final Determination
Outcome
Applicant granted working with children clearance; respondent's refusal set aside.
Legal Topics
['working With Children Check' 'clearance Refusal' 'risk Assessment' 'review of Administrative Decision']
['administrative Law' 'child Protection'] ['working With Children Check' 'clearance Refusal' 'risk Assessment' 'review of Administrative Decision']

Case Brief

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children' 'Whether the correct and preferable decision is to grant a working with children clearance']

Ratio Decidendi

Considering the applicant's acquittal, expert assessment of very low risk, positive character references, no concerning criminal history, and weighing the unproven allegations, the Tribunal was satisfied that the applicant did not pose a real and appreciable risk to children. A reasonable person would allow direct contact with the applicant, and granting a clearance is in the public interest.

Court Disposition

Applicant granted working with children clearance; respondent's refusal set aside.

Orders

  • ["The decision of the respondent dated 14 August 2019 to refuse the applicant's application for a working with children check clearance is set aside." 'In substitution, a decision is made to grant a working with children clearance to the applicant.']