EHL v Children’s Guardian [2021] NSWCATAD 211

EHL v Children’s Guardian [2021] NSWCATAD 211

The Tribunal found that the applicant currently poses a real and appreciable risk to the safety and wellbeing of children, based on a pattern of boundary violations, inability to appreciate the impact of his behaviours, and the context and content of SMS communication with his adult daughter. Despite criminal charges being withdrawn and the daughter later supporting the applicant, the evidence as a whole—including significant boundary-crossing conduct, language in communications, and limited weight given to expert evidence—supported the conclusion that the risk was greater than that presented by any adult. The protective statutory scheme required affirmation of the respondent’s decision...

Jurisdiction
Australia
Judgment Date
20 July 2021
Procedural Posture
Administrative Review / Final Judgment
Outcome
Decision affirmed; application dismissed.
Legal Topics
['working With Children Check' 'risk Assessment' 'merits Review' 'protective Jurisdiction' 'boundary Crossing' 'expert Evidence' 'evidence Assessment']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'risk Assessment' 'merits Review' 'protective Jurisdiction' 'boundary Crossing' 'expert Evidence' 'evidence Assessment']

Case Brief

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Procedural Posture

Administrative Review / Final Judgment

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety and well being of children under the Child Protection (Working with Children) Act 2012' "Whether the decision of the Children's Guardian to refuse a Working with Children Check clearance should be affirmed"]

Ratio Decidendi

The Tribunal found that the applicant currently poses a real and appreciable risk to the safety and wellbeing of children, based on a pattern of boundary violations, inability to appreciate the impact of his behaviours, and the context and content of SMS communication with his adult daughter. Despite criminal charges being withdrawn and the daughter later supporting the applicant, the evidence as a whole—including significant boundary-crossing conduct, language in communications, and limited weight given to expert evidence—supported the conclusion that the risk was greater than that presented by any adult. The protective statutory scheme required affirmation of the respondent’s decision...

Court Disposition

Decision affirmed; application dismissed.

Orders

  • ["The decision of the respondent dated 2 April 2020 to refuse the applicant's Working with Children Check Clearance is affirmed." 'The application is dismissed.']