EQE v Children’s Guardian [2021] NSWCATAD 357

EQE v Children’s Guardian [2021] NSWCATAD 357

On the balance of probabilities, after considering all evidence, including previous criminal charges, findings of not guilty, affidavits, the police transcript, Family Court findings, and statutory mandatory factors, the Tribunal finds that EQE does not pose a real and appreciable risk to the safety of children. Therefore, the prior decision refusing him a Working With Children Check Clearance is set aside, and the clearance is to be granted.

Jurisdiction
Australia
Judgment Date
30 November 2021
Procedural Posture
Administrative Review / Final Determination
Outcome
Decision of Children's Guardian set aside; application granted
Legal Topics
['working With Children Check' 'risk Assessment' 'review of Clearance Decision']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'risk Assessment' 'review of Clearance Decision']

Case Brief

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether EQE poses a real and appreciable risk to the safety of children under the Child Protection (Working with Children) Act 2012' 'Whether the decision to refuse a Working With Children Check Clearance should be set aside' 'Interpretation and application of mandatory risk assessment criteria under s 30(1) and (1A) of the Act']

Ratio Decidendi

On the balance of probabilities, after considering all evidence, including previous criminal charges, findings of not guilty, affidavits, the police transcript, Family Court findings, and statutory mandatory factors, the Tribunal finds that EQE does not pose a real and appreciable risk to the safety of children. Therefore, the prior decision refusing him a Working With Children Check Clearance is set aside, and the clearance is to be granted.

Court Disposition

Decision of Children's Guardian set aside; application granted

Orders

  • ['The time for EQE to file an application to review the decision is extended to 29 March 2021.' "The decision of the Children's Guardian made on 22 February 2021 is set aside." "The Children's Guardian is to issue a Working With Children Check Clearance within 28 days from publication of this decision."]