FWJ v Children’s Guardian [2024] NSWCATAD 184

FWJ v Children’s Guardian [2024] NSWCATAD 184

The applicant poses a real and appreciable risk to the safety of children due to the seriousness and recency of his convictions for child neglect and repeated domestic violence, his persistent breaches of domestic violence orders, minimisation of responsibility, lack of demonstrated insight into offending, insufficiency of rehabilitation strategies, and the relatively short period since the most recent offence. The evidence does not permit the Tribunal to be satisfied that the applicant is not a risk to children; accordingly, the refusal of a working with children check clearance must be affirmed.

Parties
Applicant: FWJ; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
05 July 2024
Procedural Posture
Administrative Review / Final Decision
Outcome
Affirmed
Legal Topics
Working With Children Check, Risk Assessment, Domestic and Family Violence, Neglect of Child, Public Interest, Apprehended Domestic Violence Orders (advo), Administrative Review
Administrative Law Child Protection Equal Opportunity Working With Children Check Risk Assessment Domestic and Family Violence Neglect of Child Public Interest +2 more

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Parties

FWJ

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 Whether the applicant poses a risk to the safety of children for the purposes of the Child Protection (Working with Children) Act 2012 (NSW)
  2. 2 Whether the decision of the Children's Guardian to refuse a working with children check clearance should be affirmed or set aside

Ratio Decidendi

The applicant poses a real and appreciable risk to the safety of children due to the seriousness and recency of his convictions for child neglect and repeated domestic violence, his persistent breaches of domestic violence orders, minimisation of responsibility, lack of demonstrated insight into offending, insufficiency of rehabilitation strategies, and the relatively short period since the most recent offence. The evidence does not permit the Tribunal to be satisfied that the applicant is not a risk to children; accordingly, the refusal of a working with children check clearance must be affirmed.

Court Disposition

Affirmed

Orders

  • The decision of the Children's Guardian dated 18 May 2023 to refuse to grant the applicant a working with children check clearance is affirmed.