EOV v Children's Guardian [2021] NSWCATAD 369

EOV v Children's Guardian [2021] NSWCATAD 369

On the balance of probabilities and considering all factors set out in section 30 of the Child Protection (Working with Children) Act 2012 (NSW), the applicant does not pose a real and appreciable risk to the safety of children, and should be granted a Working with Children Check clearance.

Parties
Applicant: EOV; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
13 December 2021
Procedural Posture
Administrative Review / Final Decision
Outcome
Decision of Children's Guardian to cancel Working with Children Check clearance set aside; applicant to be granted a clearance.
Legal Topics
Working With Children Checks, Domestic Violence, Risk Assessment, Cultural Issues
Administrative Law Child Protection Equal Opportunity Working With Children Checks Domestic Violence Risk Assessment Cultural Issues

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Parties

EOV

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children
  2. 2 Whether the applicant should be granted a Working with Children Check clearance

Ratio Decidendi

On the balance of probabilities and considering all factors set out in section 30 of the Child Protection (Working with Children) Act 2012 (NSW), the applicant does not pose a real and appreciable risk to the safety of children, and should be granted a Working with Children Check clearance.

Court Disposition

Decision of Children's Guardian to cancel Working with Children Check clearance set aside; applicant to be granted a clearance.

Orders

  • The decision of the Children's Guardian to cancel the applicant's Working with Children Check clearance is set aside.
  • The applicant is to be granted a Working with Children Check Clearance.