GFL v Children’s Guardian [2024] NSWCATAD 345

GFL v Children’s Guardian [2024] NSWCATAD 345

On the evidence, including psychological reports, work references, and conduct since offending, the Tribunal is not satisfied the applicant poses a real and appreciable risk to the safety of children. The reasonable person test and public interest test in section 30(1A) of the Child Protection (Working with Children) Act 2012 are met. The correct and preferable decision is to grant the applicant a WWCC clearance.

Parties
Applicant: GFL; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
15 November 2024
Procedural Posture
Administrative Review / Principal Judgment
Outcome
Decision of respondent set aside; applicant granted WWCC clearance under section 18(2).
Legal Topics
Working With Children Check, Risk Assessment, Administrative Review, Domestic Violence, Cancellation of Clearance
Administrative Law Child Protection Equal Opportunity Working With Children Check Risk Assessment Administrative Review Domestic Violence Cancellation of Clearance

Case Brief

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Parties

GFL

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Principal Judgment

Legal Issues

  1. 1 Whether applicant poses a real and appreciable risk to the safety of children under the Child Protection (Working with Children) Act 2012
  2. 2 Application of the reasonable person test and public interest test in section 30(1A) of the Act
  3. 3 Correct and preferable decision regarding the cancellation of WWCC clearance

Ratio Decidendi

On the evidence, including psychological reports, work references, and conduct since offending, the Tribunal is not satisfied the applicant poses a real and appreciable risk to the safety of children. The reasonable person test and public interest test in section 30(1A) of the Child Protection (Working with Children) Act 2012 are met. The correct and preferable decision is to grant the applicant a WWCC clearance.

Court Disposition

Decision of respondent set aside; applicant granted WWCC clearance under section 18(2).

Orders

  • The decision of the respondent, made on 1 February 2024, to cancel the applicant's working with children check clearance, is set aside and in substitution thereof a decision to grant the applicant a clearance under section 18(2) of the Child Protection (Working with Children) Act 2012.