FKT v Children’s Guardian [2023] NSWCATAD 22

FKT v Children’s Guardian [2023] NSWCATAD 22

While FKT does not presently pose a real and appreciable risk to the safety and well-being of children, the Tribunal is not satisfied that a reasonable person would allow unsupervised contact with FKT in child-related work, nor is it in the public interest to grant clearance. Therefore, the Tribunal affirms the decision refusing the Working With Children Check Clearance.

Parties
Applicant: FKT; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
27 January 2023
Procedural Posture
Administrative Review / Final Hearing and Determination
Outcome
Application for administrative review is dismissed; decision refusing Working With Children Check Clearance affirmed.
Legal Topics
Working With Children Check, Risk Assessment, Child Abuse Allegations, Public Interest Test, Reasonable Person Test
Administrative Law Child Protection Equal Opportunity Working With Children Check Risk Assessment Child Abuse Allegations Public Interest Test Reasonable Person Test

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Parties

FKT

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Hearing and Determination

Legal Issues

  1. 1 Does FKT pose a real and appreciable risk to the safety and well-being of children under the Child Protection (Working with Children) Act 2012 (NSW)?
  2. 2 Is it appropriate, under section 30(1A) of the Act, for a reasonable person to allow their child unsupervised contact with FKT while engaged in child-related work?
  3. 3 Is granting a Working With Children Check Clearance to FKT in the public interest?

Ratio Decidendi

While FKT does not presently pose a real and appreciable risk to the safety and well-being of children, the Tribunal is not satisfied that a reasonable person would allow unsupervised contact with FKT in child-related work, nor is it in the public interest to grant clearance. Therefore, the Tribunal affirms the decision refusing the Working With Children Check Clearance.

Court Disposition

Application for administrative review is dismissed; decision refusing Working With Children Check Clearance affirmed.

Orders

  • The time to lodge the application for Administrative Review is extended to 2 May 2022 pursuant to s 41 of the Civil and Administrative Tribunal Act 2013.
  • The decision of the respondent dated 16 March 2022 to refuse FKT's application for a Working With Children Check Clearance is affirmed.