FBC v Children's Guardian [2021] NSWCATAD 286

FBC v Children's Guardian [2021] NSWCATAD 286

Having considered the material before the Tribunal, including allegations, evidence, and behaviour inconsistent with accepted boundaries, and applying the relevant statutory criteria, there exists a real and appreciable risk to the safety of children posed by the applicant; therefore, the refusal of the Working With Children Check Clearance is confirmed.

Jurisdiction
Australia
Judgment Date
29 September 2021
Procedural Posture
Administrative Review / Final Determination
Outcome
Refusal of Working With Children Check Clearance confirmed
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'unacceptable Risk of Harm' 'non Publication Orders' 'procedural Fairness']
['administrative Law' 'child Protection Law'] ['working With Children Check Clearance' 'risk Assessment' 'unacceptable Risk of Harm' 'non Publication Orders' 'procedural Fairness']

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether the applicant poses an unacceptable risk of harm to the safety of children under section 18(2) of the Child Protection (Working with Children) Act 2012' 'Whether the refusal of the Working With Children Check Clearance should be affirmed' 'Whether clearances can be granted subject to conditions under section 27 of the Act']

Ratio Decidendi

Having considered the material before the Tribunal, including allegations, evidence, and behaviour inconsistent with accepted boundaries, and applying the relevant statutory criteria, there exists a real and appreciable risk to the safety of children posed by the applicant; therefore, the refusal of the Working With Children Check Clearance is confirmed.

Court Disposition

Refusal of Working With Children Check Clearance confirmed

Orders

  • ["The decision of the Children's Guardian on 18 December 2019 to refuse the Working with Children Check Clearance under section 18(2) of the Child Protection (Working with Children) Act 2012 is confirmed." 'With the exception of expert witnesses and officers of government agencies, the publication or broadcast of...