EHM v Children’s Guardian [2021] NSWCATAD 205

EHM v Children’s Guardian [2021] NSWCATAD 205

The Tribunal found that, having considered the totality of the evidence, the circumstances surrounding the applicant's conduct, his disclosures after the incident, his position of trust, knowledge of the complainant's vulnerability, and his conduct after the incident, the existence of a real and appreciable risk to the safety of children has not been disproven. Therefore, the decision to refuse a working with children check clearance should be affirmed.

Parties
Applicant: EHM; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
15 July 2021
Procedural Posture
Administrative Law Merits Review / Judgment After Hearing
Outcome
Decision affirmed. Application dismissed.
Legal Topics
Working With Children Checks, Risk Assessments, Merits Review, Protective Jurisdiction, Assessment of Risk and Offending, Vulnerability of Complainants
Administrative Law Child Protection Employment Law Working With Children Checks Risk Assessments Merits Review Protective Jurisdiction Assessment of Risk and Offending +1 more

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Parties

EHM

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Law Merits Review / Judgment After Hearing

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children under the Child Protection (Working with Children) Act 2012 (NSW) and should be refused a working with children check clearance.
  2. 2 Application of the mandatory statutory considerations in s 30(1) of the Act.

Ratio Decidendi

The Tribunal found that, having considered the totality of the evidence, the circumstances surrounding the applicant's conduct, his disclosures after the incident, his position of trust, knowledge of the complainant's vulnerability, and his conduct after the incident, the existence of a real and appreciable risk to the safety of children has not been disproven. Therefore, the decision to refuse a working with children check clearance should be affirmed.

Court Disposition

Decision affirmed. Application dismissed.

Orders

  • The decision of the Children's Guardian dated 2 April 2020 to refuse to grant the applicant a working with children check clearance is affirmed.