FJL v The Children’s Guardian [2023] NSWCATAD 65

FJL v The Children’s Guardian [2023] NSWCATAD 65

The Tribunal found, on the balance of probabilities and based on the cumulative effect of the evidence, that the applicant posed a real and appreciable risk to the safety of children due particularly to a positive finding regarding the 2014 offence, a pattern of inappropriate conduct with vulnerable young women close in age to childhood, and the applicant's lack of insight, empathy or mitigating rehabilitation. Accordingly, the Tribunal affirmed the refusal of the working with children check clearance and the interim bar.

Parties
Applicant: FJL; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
21 March 2023
Procedural Posture
Administrative Review / Final Merits Determination
Outcome
Application dismissed; original decisions affirmed
Legal Topics
Working With Children Check, Risk Assessment, Administrative Review, Vulnerability of Victims
Administrative Law Child Protection Equal Opportunity Working With Children Check Risk Assessment Administrative Review Vulnerability of Victims

Case Brief

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Parties

FJL

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Merits Determination

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)
  2. 2 Whether the Children's Guardian's decisions to refuse a clearance and impose an interim bar should be affirmed

Ratio Decidendi

The Tribunal found, on the balance of probabilities and based on the cumulative effect of the evidence, that the applicant posed a real and appreciable risk to the safety of children due particularly to a positive finding regarding the 2014 offence, a pattern of inappropriate conduct with vulnerable young women close in age to childhood, and the applicant's lack of insight, empathy or mitigating rehabilitation. Accordingly, the Tribunal affirmed the refusal of the working with children check clearance and the interim bar.

Court Disposition

Application dismissed; original decisions affirmed

Orders

  • The decision of the Children's Guardian dated 26 September 2022 to refuse to grant the applicant a working with children check clearance is affirmed.
  • The decision of the Children's Guardian dated 11 November 2021 to impose an interim bar on the applicant is affirmed.