FSM v Children’s Guardian [2024] NSWCATAD 74

FSM v Children’s Guardian [2024] NSWCATAD 74

The Tribunal found, on the balance of probabilities, that FSM currently poses a real and appreciable risk to the safety of children due to a pattern of domestic violence, lack of insight into the consequences of his actions and the impact on children, and insufficient evidence of changed behaviour. The decision of the Children's Guardian to refuse FSM's Working With Children Check Clearance was affirmed as being correct and preferable, with the protective purpose of the legislation being paramount.

Jurisdiction
Australia
Judgment Date
21 March 2024
Procedural Posture
Administrative Review / Final Decision
Outcome
Refusal of Working With Children Check clearance affirmed; application dismissed
Legal Topics
['working With Children Check' 'risk Assessment' 'administrative Review' 'domestic Violence' 'protective Jurisdiction']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'risk Assessment' 'administrative Review' 'domestic Violence' 'protective Jurisdiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ['Whether FSM poses a real and appreciable risk to the safety of children under the Child Protection (Working with Children) Act 2012']

Ratio Decidendi

The Tribunal found, on the balance of probabilities, that FSM currently poses a real and appreciable risk to the safety of children due to a pattern of domestic violence, lack of insight into the consequences of his actions and the impact on children, and insufficient evidence of changed behaviour. The decision of the Children's Guardian to refuse FSM's Working With Children Check Clearance was affirmed as being correct and preferable, with the protective purpose of the legislation being paramount.

Court Disposition

Refusal of Working With Children Check clearance affirmed; application dismissed

Orders

  • ["The decision of the respondent dated 8 February 2023 to refuse the applicant's Working With Children Check Clearance is affirmed." 'The application is dismissed.']