EEK v Children’s Guardian [2020] NSWCATAD 130

EEK v Children’s Guardian [2020] NSWCATAD 130

The applicant does not pose a real and appreciable risk to the safety and well-being of children, given the circumstances of the offence, absence of further offending, demonstrated remorse, positive conduct, and support of the respondent. An enabling order permitting the applicant to obtain a Working with Children Clearance is granted as it is in the public interest and satisfies the reasonable person test.

Parties
Applicant: EEK; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
13 May 2020
Procedural Posture
Administrative Review / Final Determination
Outcome
Enabling order granted; Working with Children Check Clearance to be issued
Legal Topics
Working With Children Clearance, Disqualifying Offences, Enabling Orders, Risk Assessment
Administrative Law Child Protection Working With Children Clearance Disqualifying Offences Enabling Orders Risk Assessment

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Parties

EEK

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Whether EEK poses a risk to the safety and wellbeing of children and young persons
  2. 2 Whether an enabling order should be granted permitting EEK to obtain a Working with Children Check Clearance

Ratio Decidendi

The applicant does not pose a real and appreciable risk to the safety and well-being of children, given the circumstances of the offence, absence of further offending, demonstrated remorse, positive conduct, and support of the respondent. An enabling order permitting the applicant to obtain a Working with Children Clearance is granted as it is in the public interest and satisfies the reasonable person test.

Court Disposition

Enabling order granted; Working with Children Check Clearance to be issued

Orders

  • A hearing is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013.
  • EEK is not to be treated as a disqualified person for the offence under s 61L of the Crimes Act 1900 (NSW).