EPP v Children’s Guardian [2022] NSWCATAD 61

EPP v Children’s Guardian [2022] NSWCATAD 61

The Tribunal, on the cumulative evidence including the serious, detailed, and consistent allegations of inappropriate conduct towards the applicant's young nephew, limited explanatory value of the partial retraction, the applicant's admissions around pornography and interaction with the child, and further evidence of accessing erotic content involving minors, found that the applicant's conduct presents a real and appreciable risk to the safety of children. The Tribunal could not be satisfied that the risk to children was adequately disproven. Consequently, under the protective object of the legislation, the Tribunal affirmed the Children's Guardian's refusal of the WWCC clearance.

Parties
Applicant: EPP; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
25 February 2022
Procedural Posture
Administrative Review / Final Tribunal Decision
Outcome
Application dismissed; decision affirmed
Legal Topics
Working With Children Check, Risk Assessment, Administrative Review, Disclosure Obligations, Disqualification From Child Related Work
Administrative Law Child Protection Equal Opportunity Working With Children Check Risk Assessment Administrative Review Disclosure Obligations Disqualification From Child Related Work

Case Brief

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Parties

EPP

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Tribunal Decision

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children such as to justify refusal of a Working with Children Check clearance under s 18(2) of the Child Protection (Working with Children) Act 2012 (NSW)
  2. 2 Whether the Tribunal should affirm the respondent's refusal decision pursuant to s 27 of the Act

Ratio Decidendi

The Tribunal, on the cumulative evidence including the serious, detailed, and consistent allegations of inappropriate conduct towards the applicant's young nephew, limited explanatory value of the partial retraction, the applicant's admissions around pornography and interaction with the child, and further evidence of accessing erotic content involving minors, found that the applicant's conduct presents a real and appreciable risk to the safety of children. The Tribunal could not be satisfied that the risk to children was adequately disproven. Consequently, under the protective object of the legislation, the Tribunal affirmed the Children's Guardian's refusal of the WWCC clearance.

Court Disposition

Application dismissed; decision affirmed

Orders

  • The decision of the Children's Guardian dated 10 February 2021 to refuse to grant the applicant a working with children check clearance is affirmed.