EKF v Children’s Guardian [2021] NSWCATAD 164

EKF v Children’s Guardian [2021] NSWCATAD 164

After reviewing the evidence and applying the factors in s 30(1) and (1A) of the Child Protection (Working with Children) Act 2012, the Tribunal found there was no evidence that EKF poses a real and appreciable risk to the safety of children. Dismissal of the charges, EKF's consistent denials, favourable character evidence, expert psychological opinion, and the Respondent's eventual support, all led to the conclusion that EKF should be granted a Working with Children Check Clearance.

Jurisdiction
Australia
Judgment Date
09 June 2021
Procedural Posture
Administrative Review / Final Determination
Outcome
Application allowed; decision set aside; clearance granted.
Legal Topics
['working With Children Check' 'risk Assessment' 'administrative Review' 'child Protection (working With Children) Act 2012']
['administrative Law' 'child Protection'] ['working With Children Check' 'risk Assessment' 'administrative Review' 'child Protection (working With Children) Act 2012']

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether EKF poses a real and appreciable risk to the safety of children for the purposes of granting a Working with Children Check Clearance under s 27 and s 30 of the Child Protection (Working with Children) Act 2012']

Ratio Decidendi

After reviewing the evidence and applying the factors in s 30(1) and (1A) of the Child Protection (Working with Children) Act 2012, the Tribunal found there was no evidence that EKF poses a real and appreciable risk to the safety of children. Dismissal of the charges, EKF's consistent denials, favourable character evidence, expert psychological opinion, and the Respondent's eventual support, all led to the conclusion that EKF should be granted a Working with Children Check Clearance.

Court Disposition

Application allowed; decision set aside; clearance granted.

Orders

  • ["The decision of the Children's Guardian made on 17 July 2020 is set aside." "The Children's Guardian is to grant EKF a Working with Children Check Clearance forthwith."]