EPW v Children’s Guardian [2021] NSWCATAD 207

EPW v Children’s Guardian [2021] NSWCATAD 207

Having considered the mandatory matters in s 30(1), the totality of the evidence and its cumulative effect, including the applicant's early guilty plea, frankness with police, insight, remorse, absence of criminal history, active steps to prevent recurrence, supportive references, and the expert forensic psychologist's opinion that the conduct was out of character and that the applicant was at low risk of re-offending, the Tribunal was satisfied that the applicant had rebutted the presumption that she posed a risk to the safety of children. The Tribunal was also satisfied that the reasonable person and public interest tests in s 30(1A) were met, so an enabling order and order that the...

Jurisdiction
Australia
Judgment Date
14 July 2021
Procedural Posture
Administrative Review of Refusal to Grant a Working With Children Check Clearance and Application for Enabling Order Under S 28 of the Child Protection (working With Children) Act 2012 (nsw) / Final Decision
Outcome
The decision to refuse the working with children check clearance was set aside; an enabling order was made; the Children's Guardian was ordered to grant the applicant a working with children check clearance; and a publication restriction order was made.
Legal Topics
['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'risk to the Safety of Children' 'public Interest' 'reasonable Person Test']
['administrative Law' 'child Protection' 'working With Children Checks'] ['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'risk to the Safety of Children' 'public Interest' 'reasonable Person Test']

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 of Refusal to Grant a Working With Children Check Clearance and Application for Enabling Order Under S 28 of the Child Protection (working With Children) Act 2012 (nsw) / Final Decision

Legal Issues

  1. 1 ['Whether the applicant had discharged the onus under s 28(7) of the Child Protection (Working with Children) Act 2012 (NSW) to prove on the balance of probabilities that she does not pose a real and appreciable risk to the safety of children.' 'Whether, before making an order enabling the applicant to work with children, the Tribunal was satisfied of the matters in s 30(1A) of the Child Protection (Working with Children) Act 2012 (NSW).']

Ratio Decidendi

Having considered the mandatory matters in s 30(1), the totality of the evidence and its cumulative effect, including the applicant's early guilty plea, frankness with police, insight, remorse, absence of criminal history, active steps to prevent recurrence, supportive references, and the expert forensic psychologist's opinion that the conduct was out of character and that the applicant was at low risk of re-offending, the Tribunal was satisfied that the applicant had rebutted the presumption that she posed a risk to the safety of children. The Tribunal was also satisfied that the reasonable person and public interest tests in s 30(1A) were met, so an enabling order and order that the...

Court Disposition

The decision to refuse the working with children check clearance was set aside; an enabling order was made; the Children's Guardian was ordered to grant the applicant a working with children check clearance; and a publication restriction order was made.

Orders

  • ["The decision of the Children's Guardian dated 18 February 2021 to refuse to grant the applicant a working with children check clearance is set aside." 'Pursuant to section 28(1) of the Child Protection (Working with Children) Act 2012 (NSW), the applicant is not to be treated as a disqualified person for the...