ENL v Children’s Guardian [2021] NSWCATAD 292

ENL v Children’s Guardian [2021] NSWCATAD 292

The Tribunal affirmed the Children's Guardian's decision because the circumstances of ENL's serious assaults on two young and vulnerable grandchildren with a belt, together with his minimisation and lack of candour about corporal punishment, lack of insight into disciplining and managing children, failure to undertake further parenting courses recommended by his psychologist, the short time since the offending, and the continuing CRO and AVO, established that he posed a real and appreciable risk to the safety of children and should not be granted a Working With Children Check Clearance.

Jurisdiction
Australia
Judgment Date
08 October 2021
Procedural Posture
Administrative Review of Cancellation of Working With Children Check Clearance / Review Under S 27(2) of the Child Protection (working With Children) Act 2012
Outcome
The decision of the Children's Guardian made on 3 December 2020 is affirmed.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'child Related Work' 'assault Occasioning Actual Bodily Harm' 'protective Jurisdiction']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'child Related Work' 'assault Occasioning Actual Bodily Harm' 'protective Jurisdiction']

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Procedural Posture

Administrative Review of Cancellation of Working With Children Check Clearance / Review Under S 27(2) of the Child Protection (working With Children) Act 2012

Legal Issues

  1. 1 ['Whether the Tribunal should grant ENL a Working With Children Check Clearance following a risk assessment.' 'Whether ENL poses a real and appreciable risk to the safety and well-being of children under the Child Protection (Working with Children) Act 2012.' "Whether the mandatory factors in s 30(1) of the Child Protection (Working with Children) Act 2012 supported affirming the Children's Guardian's cancellation decision."]

Ratio Decidendi

The Tribunal affirmed the Children's Guardian's decision because the circumstances of ENL's serious assaults on two young and vulnerable grandchildren with a belt, together with his minimisation and lack of candour about corporal punishment, lack of insight into disciplining and managing children, failure to undertake further parenting courses recommended by his psychologist, the short time since the offending, and the continuing CRO and AVO, established that he posed a real and appreciable risk to the safety of children and should not be granted a Working With Children Check Clearance.

Court Disposition

The decision of the Children's Guardian made on 3 December 2020 is affirmed.

Orders

  • ["The decision of the Children's Guardian made on 3 December 2020 is affirmed."]