EMX v Children’s Guardian [2022] NSWCATAD 222

EMX v Children’s Guardian [2022] NSWCATAD 222

The Tribunal found that, as at the date of hearing, the applicant did not pose a real and appreciable risk to the safety of children. It concluded that a reasonable person, aware of all relevant facts, would permit their child direct, unsupervised contact with the applicant while engaged in child-related work, and that it was in the public interest to grant the clearance. The decision to refuse the applicant a working with children check clearance was set aside and a clearance granted.

Jurisdiction
Australia
Judgment Date
01 July 2022
Procedural Posture
Administrative Review / Final Decision
Outcome
Decision of respondent set aside; clearance granted
Legal Topics
['working With Children Check' 'risk Assessment' 'review of Administrative Decision' 'sexual Offences' 'public Interest']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'risk Assessment' 'review of Administrative Decision' 'sexual Offences' 'public Interest']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children as at the date of hearing' 'Whether a reasonable person acquainted with all relevant facts would allow their child unsupervised contact with the applicant in child-related work' 'Whether it is in the public interest to grant the applicant a working with children check clearance']

Ratio Decidendi

The Tribunal found that, as at the date of hearing, the applicant did not pose a real and appreciable risk to the safety of children. It concluded that a reasonable person, aware of all relevant facts, would permit their child direct, unsupervised contact with the applicant while engaged in child-related work, and that it was in the public interest to grant the clearance. The decision to refuse the applicant a working with children check clearance was set aside and a clearance granted.

Court Disposition

Decision of respondent set aside; clearance granted

Orders

  • ["The decision of the respondent, made on 25 November 2019, to refuse the applicant's application for a working with children check clearance is set aside." 'In substitution for the decision of the respondent, the applicant is granted a working with children check clearance.']