FVE v Children’s Guardian [2024] NSWCATAD 192

FVE v Children’s Guardian [2024] NSWCATAD 192

Based on the totality of evidence, including the applicant's criminal and protection history, the recency and seriousness of offences involving violent conduct and neglect towards children, and insufficient time and evidence to reduce the risk to below a real and appreciable level, the Tribunal found that the applicant continues to pose a real and appreciable risk to the safety of children. The refusal of the Working with Children Check Clearance was appropriate and affirmed as required by the Act's protective purpose.

Parties
Applicant: FVE; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
15 July 2024
Procedural Posture
Administrative Review / Decision After Hearing
Outcome
Decision of the respondent affirmed; application dismissed.
Legal Topics
Working With Children Check, Risk Assessment, Child Safety, Administrative Review, Protective Jurisdiction
Administrative Law Child Protection Equal Opportunity Working With Children Check Risk Assessment Child Safety Administrative Review Protective Jurisdiction

Case Brief

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Parties

FVE

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Decision After Hearing

Legal Issues

  1. 1 Whether the applicant (FVE) poses a real and appreciable risk to the safety of children under the Child Protection (Working with Children) Act 2012.
  2. 2 Whether the respondent's decision to refuse a Working with Children Check Clearance should be affirmed.

Ratio Decidendi

Based on the totality of evidence, including the applicant's criminal and protection history, the recency and seriousness of offences involving violent conduct and neglect towards children, and insufficient time and evidence to reduce the risk to below a real and appreciable level, the Tribunal found that the applicant continues to pose a real and appreciable risk to the safety of children. The refusal of the Working with Children Check Clearance was appropriate and affirmed as required by the Act's protective purpose.

Court Disposition

Decision of the respondent affirmed; application dismissed.

Orders

  • The decision of the respondent dated 13 April 2023 to refuse the applicant's Working with Children Check Clearance is affirmed.
  • The application is otherwise dismissed.