EFH v Children’s Guardian [2020] NSWCATAD 256

EFH v Children’s Guardian [2020] NSWCATAD 256

The Tribunal affirmed the refusal because, on the balance of probabilities, the applicant touched the twelve year old student on her breasts and bottom during a flute lesson; the student's account was credible and supported by immediate reporting, while discrepancies were plausibly explained and the applicant's evidence was not entirely candid. Given the seriousness of the conduct, the applicant's continued denial, absence of remorse or insight, and lack of counselling, the Tribunal was satisfied that he posed a real and appreciable risk to the safety of children.

Jurisdiction
Australia
Judgment Date
21 October 2020
Procedural Posture
Administrative Review of Refusal of Working With Children Check Clearance / Decision After Hearing; Decision of the Children's Guardian Affirmed
Outcome
The decision of the Children's Guardian is affirmed.
Legal Topics
['working With Children Check Clearance' 'risk to the Safety of Children' 'indecent Assault Allegations Despite Acquittal' 'correct and Preferable Decision' 'civil Standard of Proof']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk to the Safety of Children' 'indecent Assault Allegations Despite Acquittal' 'correct and Preferable Decision' 'civil Standard of Proof']

Case Brief

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Procedural Posture

Administrative Review of Refusal of Working With Children Check Clearance / Decision After Hearing; Decision of the Children's Guardian Affirmed

Legal Issues

  1. 1 ['Whether the applicant posed 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 applicant indecently assaulted a twelve year old flute student during a lesson despite being found not guilty in criminal proceedings.' "Whether the decision of the Children's Guardian refusing the clearance was the correct and preferable decision."]

Ratio Decidendi

The Tribunal affirmed the refusal because, on the balance of probabilities, the applicant touched the twelve year old student on her breasts and bottom during a flute lesson; the student's account was credible and supported by immediate reporting, while discrepancies were plausibly explained and the applicant's evidence was not entirely candid. Given the seriousness of the conduct, the applicant's continued denial, absence of remorse or insight, and lack of counselling, the Tribunal was satisfied that he posed a real and appreciable risk to the safety of children.

Court Disposition

The decision of the Children's Guardian is affirmed.

Orders

  • ["The decision of the Children's Guardian is affirmed."]