EHN v Children’s Guardian [2020] NSWCATAD 222

EHN v Children’s Guardian [2020] NSWCATAD 222

On the balance of probabilities, EHN's offences were an aberration associated with a diagnosed and treated mental health issue, his conduct since the offences has been positive and remorseful, and there is no real and appreciable risk to the safety of children if EHN is granted a working with children check clearance. Thus, the decision to cancel his clearance should be set aside and his clearance reinstated.

Jurisdiction
Australia
Judgment Date
07 September 2020
Procedural Posture
Administrative Review / Final Merits Hearing and Decision
Outcome
Application for review allowed; clearance cancellation set aside; clearance to be reinstated
Legal Topics
['review of Administrative Decisions' 'risk Assessment for Working With Children' 'reasonable Person Test' 'public Interest' 'child Related Work Clearances']
['administrative Law' 'child Protection' 'working With Children'] ['review of Administrative Decisions' 'risk Assessment for Working With Children' 'reasonable Person Test' 'public Interest' 'child Related Work Clearances']

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Procedural Posture

Administrative Review / Final Merits Hearing and Decision

Legal Issues

  1. 1 ['Whether EHN poses a real and appreciable risk to the safety of children if granted a clearance to work in child-related work' 'Whether a reasonable person would allow their child unsupervised contact with EHN' 'Whether it is in the public interest to grant EHN a working with children check clearance']

Ratio Decidendi

On the balance of probabilities, EHN's offences were an aberration associated with a diagnosed and treated mental health issue, his conduct since the offences has been positive and remorseful, and there is no real and appreciable risk to the safety of children if EHN is granted a working with children check clearance. Thus, the decision to cancel his clearance should be set aside and his clearance reinstated.

Court Disposition

Application for review allowed; clearance cancellation set aside; clearance to be reinstated

Orders

  • ["The decision of the Children's Guardian dated 15 September 2017 to cancel the applicant's working with children check clearance is set aside." "The Children's Guardian to re-instate and issue a working with children's check clearance to the applicant forthwith."]