EMP v Children’s Guardian [2021] NSWCATAD 123

EMP v Children’s Guardian [2021] NSWCATAD 123

EMP does not pose a real and appreciable risk to the safety of children, as established on the balance of probabilities after considering oral and written evidence, including the findings of the EPAC report, expert evidence, and statutory declarations. The Children's Guardian's refusal decision was not warranted, and EMP should be granted a Working with Children Check Clearance.

Jurisdiction
Australia
Judgment Date
14 May 2021
Procedural Posture
Administrative Review / Final Determination
Outcome
Application allowed; Respondent's decision set aside
Legal Topics
['working With Children Check' 'disqualifying Offences' 'risk Assessment' 'tribunal Review']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'disqualifying Offences' 'risk Assessment' 'tribunal Review']

Case Brief

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether EMP poses a real and appreciable risk to the safety and well-being of children' 'Whether EMP should be granted a Working with Children Check Clearance']

Ratio Decidendi

EMP does not pose a real and appreciable risk to the safety of children, as established on the balance of probabilities after considering oral and written evidence, including the findings of the EPAC report, expert evidence, and statutory declarations. The Children's Guardian's refusal decision was not warranted, and EMP should be granted a Working with Children Check Clearance.

Court Disposition

Application allowed; Respondent's decision set aside

Orders

  • ["The decision of the Children's Guardian made on 13 November 2020 is set aside." "The Children's Guardian is to grant EMP a Working with Children Check Clearance forthwith."]