FME v Children’s Guardian [2023] NSWCATAD 69

FME v Children’s Guardian [2023] NSWCATAD 69

Having considered the evidence and the factors in s30(1)(a) to (k), together with the reasonable person test and public interest test in s30(1A), the Tribunal was positively satisfied that the applicant does not pose a risk to the safety of children. The correct and preferable decision was to set aside the Children's Guardian's refusal and grant the application.

Jurisdiction
Australia
Judgment Date
23 February 2023
Procedural Posture
Application for Declaration That Applicant Is Not to Be Treated as a Disqualified Person and for Working With Children Check Clearance / Determined on the Papers
Outcome
Application granted; decision to refuse the Clearance set aside; enabling declaration made and Children's Guardian ordered to grant a Working with Children Check Clearance forthwith.
Legal Topics
['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'risk to Safety of Children']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'disqualified Person' 'enabling Order' 'risk to Safety of Children']

Case Brief

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Procedural Posture

Application for Declaration That Applicant Is Not to Be Treated as a Disqualified Person and for Working With Children Check Clearance / Determined on the Papers

Legal Issues

  1. 1 ['Whether the Tribunal should declare under s. 28(1) of the Child Protection (Working with Children) Act 2012 that FME is not to be treated as a disqualified person in respect of the specified offence.' 'Whether FME poses a risk to the safety of children.' "Whether the Children's Guardian should grant FME a Working with Children Check Clearance."]

Ratio Decidendi

Having considered the evidence and the factors in s30(1)(a) to (k), together with the reasonable person test and public interest test in s30(1A), the Tribunal was positively satisfied that the applicant does not pose a risk to the safety of children. The correct and preferable decision was to set aside the Children's Guardian's refusal and grant the application.

Court Disposition

Application granted; decision to refuse the Clearance set aside; enabling declaration made and Children's Guardian ordered to grant a Working with Children Check Clearance forthwith.

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 the Tribunal dispenses with a hearing in this matter.' 'Pursuant to s. 28(1) of the Child Protection (Working with Children) Act 2012, the NSW Civil and Administrative Tribunal declares that FME is not to be treated as a disqualified person for...