EED v Children’s Guardian [2020] NSWCATAD 161

EED v Children’s Guardian [2020] NSWCATAD 161

The applicant's conduct, while unwise and unprofessional in several respects, did not establish a real and appreciable risk to the safety of children. The Tribunal was satisfied, considering all relevant statutory factors and evidence including the applicant's insight, lack of criminal record, and low likelihood of repetition, that a reasonable person would allow unsupervised contact and it was in the public interest to grant a clearance. The correct and preferable decision was to set aside the cancellation and grant the Working with Children clearance.

Jurisdiction
Australia
Judgment Date
25 June 2020
Procedural Posture
Administrative Review / Decision on Merits Review and Extension of Time Application
Outcome
Decision under review set aside; application for extension of time granted; Working with Children Check clearance to be granted to applicant.
Legal Topics
['working With Children Check' 'risk Assessment' 'professional Misconduct (teaching)' 'merits Review' 'extension of Time']
['administrative Law' 'child Protection' 'education Law'] ['working With Children Check' 'risk Assessment' 'professional Misconduct (teaching)' 'merits Review' 'extension of Time']

Case Brief

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Procedural Posture

Administrative Review / Decision on Merits Review and Extension of Time Application

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children for the purposes of the Child Protection (Working with Children) Act 2012 (NSW)' 'Whether the correct and preferable decision is to grant a Working with Children Check clearance to the applicant' 'Whether the Tribunal should exercise discretion to extend the time for filing the review application']

Ratio Decidendi

The applicant's conduct, while unwise and unprofessional in several respects, did not establish a real and appreciable risk to the safety of children. The Tribunal was satisfied, considering all relevant statutory factors and evidence including the applicant's insight, lack of criminal record, and low likelihood of repetition, that a reasonable person would allow unsupervised contact and it was in the public interest to grant a clearance. The correct and preferable decision was to set aside the cancellation and grant the Working with Children clearance.

Court Disposition

Decision under review set aside; application for extension of time granted; Working with Children Check clearance to be granted to applicant.

Orders

  • ['An extension of time is granted to the applicant to file the application for review.' "The decision under review is set aside and in substitution, a decision is made that the Children's Guardian grant a Working with Children clearance to the applicant."]