EQW v The Children’s Guardian [2021] NSWCATAD 376

EQW v The Children’s Guardian [2021] NSWCATAD 376

The Tribunal was not satisfied on the balance of probabilities that the applicant poses a real and appreciable risk to the safety of children; the reasonable person and public interest tests under s 30(1A) of the Act were met. The evidence in support of the allegations was inconsistent and unreliable, the applicant's evidence was preferred, and the supporting affidavits and expert opinion indicated a low or negligible risk.

Parties
Applicant: EQW; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
21 December 2021
Procedural Posture
Application for Administrative Review / Merits Review; Final Determination
Outcome
Decision of the Children's Guardian refusing to grant the applicant a working with children check clearance is set aside. The applicant is granted a working with children check clearance.
Legal Topics
Working With Children Check, Administrative Review, Merits Review, Evidentiary Rules in Tribunal Proceedings, Risk Assessment, Procedural Fairness, Child Sexual Abuse Allegations
Administrative Law Child Protection Equal Opportunity Law Working With Children Check Administrative Review Merits Review Evidentiary Rules in Tribunal Proceedings Risk Assessment +2 more

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Parties

EQW

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for Administrative Review / Merits Review; Final Determination

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children
  2. 2 Whether a reasonable person would allow their child unsupervised with the applicant
  3. 3 Whether it is in the public interest for the applicant to be granted a WWCC clearance

Ratio Decidendi

The Tribunal was not satisfied on the balance of probabilities that the applicant poses a real and appreciable risk to the safety of children; the reasonable person and public interest tests under s 30(1A) of the Act were met. The evidence in support of the allegations was inconsistent and unreliable, the applicant's evidence was preferred, and the supporting affidavits and expert opinion indicated a low or negligible risk.

Court Disposition

Decision of the Children's Guardian refusing to grant the applicant a working with children check clearance is set aside. The applicant is granted a working with children check clearance.

Orders

  • The decision of the Children's Guardian dated 29 April 2021 to refuse to grant the applicant a working with children check clearance is set aside.
  • In substitution of that decision, the applicant is granted a working with children check clearance.