EQZ v Kari Ltd [2022] NSWCATAD 221

EQZ v Kari Ltd [2022] NSWCATAD 221

The Tribunal accepted the evidence of the support teacher, principal and Child A's interview and found on the balance of probabilities that EQZ bit Child A, threatened to bite him, pinned him against a fence, dug his fingers into Child A's arms, and told Child A he would send him back to KARI and that Child A no longer had a dad. Biting and threatening to bite amounted to assault or ill-treatment and were not justified by s 158; the verbal attack was also seriously inappropriate and cruel ill-treatment. Although pinning Child A to the fence and digging fingers into his arms were treated as reasonable force to restrain Child A in the circumstances, the biting, threat to bite and verbal...

Jurisdiction
Australia
Judgment Date
01 July 2022
Procedural Posture
Administrative Review of Decision to Cancel Authorisation as an Authorised Carer / Final Merits Review; Principal Judgment
Outcome
The respondent's decision to cancel the applicant's authorisation as an authorised carer is affirmed.
Legal Topics
['cancellation of Authorised Carer Authorisation' 'code of Conduct for Authorised Carers' 'reportable Conduct' 'assault and Ill Treatment of a Child' 'physical Restraint of Child' 'correct and Preferable Decision' 'procedural Fairness in Merits Review']
['administrative Law' 'child Protection' 'out of Home Care' 'authorised Carers'] ['cancellation of Authorised Carer Authorisation' 'code of Conduct for Authorised Carers' 'reportable Conduct' 'assault and Ill Treatment of a Child' 'physical Restraint of Child' 'correct and Preferable Decision' 'procedural Fairness in Merits Review']

Case Brief

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Procedural Posture

Administrative Review of Decision to Cancel Authorisation as an Authorised Carer / Final Merits Review; Principal Judgment

Legal Issues

  1. 1 ["Whether KARI made the correct and preferable decision in cancelling EQZ's authorisation as an authorised carer on the basis that he was no longer a suitable person to be an authorised carer." "Whether KARI made the correct and preferable decision in cancelling EQZ's authorisation as an authorised carer on the basis that he failed to comply with a condition of authorisation." "Whether EQZ's conduct during the altercation, including biting or threatening to bite Child A and verbal statements to Child A, breached the Code of Conduct and constituted assault or ill-treatment." 'Whether any physical restraint used by EQZ was justified under s 158 of the Children and Young Persons (Care and Protection) Act 1998 (NSW).' "Whether alleged procedural fairness issues in KARI's investigation affected the Tribunal's review."]

Ratio Decidendi

The Tribunal accepted the evidence of the support teacher, principal and Child A's interview and found on the balance of probabilities that EQZ bit Child A, threatened to bite him, pinned him against a fence, dug his fingers into Child A's arms, and told Child A he would send him back to KARI and that Child A no longer had a dad. Biting and threatening to bite amounted to assault or ill-treatment and were not justified by s 158; the verbal attack was also seriously inappropriate and cruel ill-treatment. Although pinning Child A to the fence and digging fingers into his arms were treated as reasonable force to restrain Child A in the circumstances, the biting, threat to bite and verbal...

Court Disposition

The respondent's decision to cancel the applicant's authorisation as an authorised carer is affirmed.

Orders

  • ["The respondent's decision to cancel the applicant's authorisation as an authorised carer is affirmed."]