EQE v Children’s Guardian [2023] NSWCATAD 11

EQE v Children’s Guardian [2023] NSWCATAD 11

The Tribunal was affirmatively satisfied, on the balance of probabilities, that the applicant engaged in the conduct alleged in the criminal charges and posed a real and appreciable risk to the safety of children. The consistent, credible evidence of the complainant, corroboration by other witnesses, lack of appropriate boundaries, and inability to dismiss earlier allegations as groundless led to the confirmation of the refusal of a working with children clearance.

Jurisdiction
Australia
Judgment Date
16 January 2023
Procedural Posture
Administrative Review / Decision After Rehearing on Remitter
Outcome
Decision of Children's Guardian to refuse working with children check clearance affirmed
Legal Topics
['working With Children Checks' 'sexual Abuse Risk Assessment' 'administrative Review of Government Decisions']
['administrative Law' 'child Protection'] ['working With Children Checks' 'sexual Abuse Risk Assessment' 'administrative Review of Government Decisions']

Case Brief

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Procedural Posture

Administrative Review / Decision After Rehearing on Remitter

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children under the Child Protection (Working with Children) Act 2012 (NSW)' 'Whether the Tribunal is affirmatively satisfied that the applicant engaged in the alleged conduct that was the subject of criminal charges' "Whether earlier allegations concerning the applicant's biological children may be dismissed as groundless"]

Ratio Decidendi

The Tribunal was affirmatively satisfied, on the balance of probabilities, that the applicant engaged in the conduct alleged in the criminal charges and posed a real and appreciable risk to the safety of children. The consistent, credible evidence of the complainant, corroboration by other witnesses, lack of appropriate boundaries, and inability to dismiss earlier allegations as groundless led to the confirmation of the refusal of a working with children clearance.

Court Disposition

Decision of Children's Guardian to refuse working with children check clearance affirmed

Orders

  • ["The respondent's decision to refuse the applicant's application for a working with children check clearance is affirmed."]