EBV v Children’s Guardian [2020] NSWCATAD 180

EBV v Children’s Guardian [2020] NSWCATAD 180

After comprehensive review of the evidence, including the circumstances of the trigger offences, sentencing remarks, psychological reports, and testimony, the Tribunal determined on the balance of probabilities that EBV does not pose a real and appreciable risk to the safety of children. EBV's immaturity and naivety at the time of offending, his subsequent remorse, insight, and psychological development, as well as the low likelihood of reoffending, established that the statutory requirements for refusal of a Working with Children Check Clearance were not met. The Tribunal was satisfied a reasonable person would permit unsupervised contact and that granting the clearance was in the public...

Jurisdiction
Australia
Judgment Date
15 July 2020
Procedural Posture
Administrative Review / Merits Review After Refusal of Working With Children Check Clearance, Final Tribunal Decision
Outcome
Decision of the Children's Guardian refusing clearance is set aside; Working with Children Check Clearance to be issued to EBV.
Legal Topics
['working With Children Check' 'risk Assessment to Children' 'administrative Review' 'protective Jurisdiction']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'risk Assessment to Children' 'administrative Review' 'protective Jurisdiction']

Case Brief

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Procedural Posture

Administrative Review / Merits Review After Refusal of Working With Children Check Clearance, Final Tribunal Decision

Legal Issues

  1. 1 ['Whether EBV poses a real and appreciable risk to the safety of children if granted a Working with Children Check Clearance' 'Whether on the balance of probabilities the risk to children outweighs issuing the clearance' "Application of the definition and test of 'risk to the safety of children' under the Child Protection (Working with Children) Act 2012 (NSW)"]

Ratio Decidendi

After comprehensive review of the evidence, including the circumstances of the trigger offences, sentencing remarks, psychological reports, and testimony, the Tribunal determined on the balance of probabilities that EBV does not pose a real and appreciable risk to the safety of children. EBV's immaturity and naivety at the time of offending, his subsequent remorse, insight, and psychological development, as well as the low likelihood of reoffending, established that the statutory requirements for refusal of a Working with Children Check Clearance were not met. The Tribunal was satisfied a reasonable person would permit unsupervised contact and that granting the clearance was in the public...

Court Disposition

Decision of the Children's Guardian refusing clearance is set aside; Working with Children Check Clearance to be issued to EBV.

Orders

  • ["The decision of the Children's Guardian dated 18 September 2019 refusing to grant to the applicant a working with children check clearance is set aside." "The Children's Guardian shall forthwith issue a Working with Children Check Clearance to the applicant known in these proceedings as EBV."]