EMN v Children’s Guardian [2022] NSWCATAD 210

EMN v Children’s Guardian [2022] NSWCATAD 210

Although the applicant does not pose a real and appreciable risk to the safety of children, given the breach of professional boundaries and the particular vulnerabilities involved, a reasonable person would not allow their child unsupervised contact with the applicant in child-related work. Therefore, the decision to cancel the applicant's working with children check clearance is affirmed.

Jurisdiction
Australia
Judgment Date
22 June 2022
Procedural Posture
Administrative Review / Final Decision
Outcome
Application dismissed; decision of the Children's Guardian to cancel the working with children check clearance affirmed.
Legal Topics
['working With Children Check' 'professional Boundaries' 'risk Assessment' 'teacher Misconduct']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'professional Boundaries' 'risk Assessment' 'teacher Misconduct']

Case Brief

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Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children' 'Whether a reasonable person would allow the applicant direct, unsupervised contact with their children' 'Whether it is in the public interest to grant the applicant a working with children check clearance']

Ratio Decidendi

Although the applicant does not pose a real and appreciable risk to the safety of children, given the breach of professional boundaries and the particular vulnerabilities involved, a reasonable person would not allow their child unsupervised contact with the applicant in child-related work. Therefore, the decision to cancel the applicant's working with children check clearance is affirmed.

Court Disposition

Application dismissed; decision of the Children's Guardian to cancel the working with children check clearance affirmed.

Orders

  • ["The decision of the Children's Guardian dated 5 November 2020 to cancel the applicant's working with children check clearance is affirmed."]