EII v Children’s Guardian [2021] NSWCATAD 4

EII v Children’s Guardian [2021] NSWCATAD 4

Having regard to the applicant being acquitted of all charges, the absence of further criminal history or misconduct, the circumstances of the allegations and doubts about the child's evidence, and the psychologist's risk assessment indicating a low risk of reoffending, the Tribunal was satisfied that a reasonable person would allow their child unsupervised contact with the applicant and it was in the public interest to grant the clearance. The Tribunal therefore set aside the respondent’s decision and granted the clearance.

Parties
Applicant: EII; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
08 January 2021
Procedural Posture
Administrative Review / Final Determination
Outcome
Decision of the Children's Guardian set aside; Working with Children Check clearance granted to the applicant.
Legal Topics
Working With Children Check, Risk Assessment, Review of Administrative Decision
Administrative Law Child Protection Working With Children Check Risk Assessment Review of Administrative Decision

Case Brief

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Parties

EII

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Whether the applicant should be granted a Working with Children Check clearance after being acquitted of sexual offence charges as a juvenile.
  2. 2 Whether the applicant poses a real and appreciable risk to the safety of children within the meaning of the Child Protection (Working with Children) Act 2012 (NSW).

Ratio Decidendi

Having regard to the applicant being acquitted of all charges, the absence of further criminal history or misconduct, the circumstances of the allegations and doubts about the child's evidence, and the psychologist's risk assessment indicating a low risk of reoffending, the Tribunal was satisfied that a reasonable person would allow their child unsupervised contact with the applicant and it was in the public interest to grant the clearance. The Tribunal therefore set aside the respondent’s decision and granted the clearance.

Court Disposition

Decision of the Children's Guardian set aside; Working with Children Check clearance granted to the applicant.

Orders

  • The decision of the Children's Guardian made on 27 April 2020 is set aside.
  • In substitution, a decision is made that the Children's Guardian grant a Working with Children Check clearance to the applicant.