GDY v Children’s Guardian [2024] NSWCATAD 239

GDY v Children’s Guardian [2024] NSWCATAD 239

The Tribunal found, on the balance of probabilities and having considered all relevant evidence and statutory criteria, that the applicant (GDY) does not currently pose a real and appreciable risk to the safety or wellbeing of children. However, as the WWCCC and Interim Bar subject of the review had expired before the determination, the application was dismissed for want of jurisdiction albeit with a recommendation to the Children's Guardian regarding the current application.

Jurisdiction
Australia
Judgment Date
13 August 2024
Procedural Posture
Administrative Review / Final Merits Decision (dismissal of Application)
Outcome
Application dismissed
Legal Topics
['working With Children Check' 'risk Assessment' 'administrative Review' 'interim Bar' 'jurisdiction' 'procedural Fairness']
['administrative Law' 'child Protection'] ['working With Children Check' 'risk Assessment' 'administrative Review' 'interim Bar' 'jurisdiction' 'procedural Fairness']

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Procedural Posture

Administrative Review / Final Merits Decision (dismissal of Application)

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children under the Child Protection (Working with Children) Act 2012' 'Whether the Tribunal has jurisdiction to determine the review where the WWCCC and Interim Bar have expired' 'Appropriate test and statutory considerations for risk assessment under the Act']

Ratio Decidendi

The Tribunal found, on the balance of probabilities and having considered all relevant evidence and statutory criteria, that the applicant (GDY) does not currently pose a real and appreciable risk to the safety or wellbeing of children. However, as the WWCCC and Interim Bar subject of the review had expired before the determination, the application was dismissed for want of jurisdiction albeit with a recommendation to the Children's Guardian regarding the current application.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.']