FMG v Children’s Guardian [2025] NSWCATAD 37

FMG v Children’s Guardian [2025] NSWCATAD 37

Having made positive findings of repeated serious violence towards children or in their presence, and given the lack of sufficient evidence of rehabilitation or sustained change, the Tribunal is not satisfied that FMG does not pose a real and appreciable risk to children. Therefore, the correct and preferable decision is to affirm refusal of the working with children check clearance as a reasonable person would not allow unsupervised contact with FMG in child-related work.

Parties
Applicant: FMG; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
10 February 2025
Procedural Posture
Administrative Review / Merits Hearing and Final Decision
Outcome
Decision of the Children's Guardian to refuse to grant FMG a working with children check clearance is affirmed.
Legal Topics
Working With Children Check, Risk to Children, Administrative Review, Domestic Violence, Violence Towards Children
Administrative Law Child Protection Equal Opportunity Working With Children Check Risk to Children Administrative Review Domestic Violence Violence Towards Children

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Parties

FMG

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Merits Hearing and Final Decision

Legal Issues

  1. 1 Whether the Tribunal should affirm the Children's Guardian's decision to refuse FMG a working with children check clearance
  2. 2 Whether FMG poses a risk to the safety of children as per s 30(1) and (1A) of the Child Protection (Working with Children) Act 2012
  3. 3 Whether a reasonable person would allow their child unsupervised contact with FMG

Ratio Decidendi

Having made positive findings of repeated serious violence towards children or in their presence, and given the lack of sufficient evidence of rehabilitation or sustained change, the Tribunal is not satisfied that FMG does not pose a real and appreciable risk to children. Therefore, the correct and preferable decision is to affirm refusal of the working with children check clearance as a reasonable person would not allow unsupervised contact with FMG in child-related work.

Court Disposition

Decision of the Children's Guardian to refuse to grant FMG a working with children check clearance is affirmed.

Orders

  • The decision made by the Children's Guardian on 16 March 2023 to refuse to grant FMG a working with children check clearance is affirmed.