FXT v The Children’s Guardian [2024] NSWCATAD 268

FXT v The Children’s Guardian [2024] NSWCATAD 268

Having considered the mandatory factors in s 30(1), the Tribunal found that several allegations of inappropriate touching and boundary crossing were supported by cogent evidence, that other allegations could not be discounted, and that the evidence disclosed a pattern of unnecessary physical contact with female children over several years despite warnings. FXT's limited insight, minimisation of conduct, and failure to demonstrate meaningful behavioural change meant there was a real and appreciable risk that similar conduct could be repeated, with detrimental impact on children. The correct and preferable decision was therefore to refuse the WWCC clearance.

Jurisdiction
Australia
Judgment Date
06 September 2024
Procedural Posture
Administrative Review of Refusal to Grant a Working With Children Check Clearance Under S 27 of the Child Protection (working With Children) Act 2012 (nsw) / Principal Judgment After Hearing in the Administrative and Equal Opportunity Division; Decision Under Review Affirmed
Outcome
The decision of the respondent made on 6 July 2023 to refuse to grant FXT a Working with Children Check clearance is affirmed.
Legal Topics
['working With Children Check Clearance' 'risk to the Safety of Children' 'reportable Conduct' 'boundary Crossing Behaviour' 'administrative Review']
['administrative Law' 'child Protection' 'working With Children Checks'] ['working With Children Check Clearance' 'risk to the Safety of Children' 'reportable Conduct' 'boundary Crossing Behaviour' 'administrative Review']

Case Brief

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Procedural Posture

Administrative Review of Refusal to Grant a Working With Children Check Clearance Under S 27 of the Child Protection (working With Children) Act 2012 (nsw) / Principal Judgment After Hearing in the Administrative and Equal Opportunity Division; Decision Under Review Affirmed

Legal Issues

  1. 1 ['Whether FXT poses a real and appreciable risk to the safety of children.' "Whether the respondent's refusal to grant FXT a Working with Children Check clearance should be affirmed, varied or set aside."]

Ratio Decidendi

Having considered the mandatory factors in s 30(1), the Tribunal found that several allegations of inappropriate touching and boundary crossing were supported by cogent evidence, that other allegations could not be discounted, and that the evidence disclosed a pattern of unnecessary physical contact with female children over several years despite warnings. FXT's limited insight, minimisation of conduct, and failure to demonstrate meaningful behavioural change meant there was a real and appreciable risk that similar conduct could be repeated, with detrimental impact on children. The correct and preferable decision was therefore to refuse the WWCC clearance.

Court Disposition

The decision of the respondent made on 6 July 2023 to refuse to grant FXT a Working with Children Check clearance is affirmed.

Orders

  • ['The decision of the respondent made on 6 July 2023 to refuse to grant FXT a WWCC clearance is affirmed.']