GHS v Children’s Guardian [2024] NSWCATAD 358

GHS v Children’s Guardian [2024] NSWCATAD 358

The Tribunal found that the applicant poses a real and appreciable risk to the safety of children having regard to the seriousness of her offending, including a domestic violence-related assault against her child, her history of criminal and disinhibited conduct linked to mental health and substance misuse, the short time since last offending, the minimisation of her past conduct, and the potential for reoffending if mental health or substance misuse issues recur. The Tribunal was not satisfied that a reasonable person would allow their child to have unsupervised contact with the applicant or that it is in the public interest for a clearance to be granted. Accordingly, the decision to...

Parties
Applicant: GHS; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
29 November 2024
Procedural Posture
Administrative Review / Final Merits Decision
Outcome
Application refused; respondent's decision affirmed
Legal Topics
Working With Children Check, Risk Assessment, Administrative Review, Refusal of Clearance
Child Protection Administrative Law Working With Children Check Risk Assessment Administrative Review Refusal of Clearance

Case Brief

Summary, issues, holding and outcome

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Parties

GHS

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Merits 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
  2. 2 Whether the decision to refuse a working with children check clearance should be affirmed or set aside

Ratio Decidendi

The Tribunal found that the applicant poses a real and appreciable risk to the safety of children having regard to the seriousness of her offending, including a domestic violence-related assault against her child, her history of criminal and disinhibited conduct linked to mental health and substance misuse, the short time since last offending, the minimisation of her past conduct, and the potential for reoffending if mental health or substance misuse issues recur. The Tribunal was not satisfied that a reasonable person would allow their child to have unsupervised contact with the applicant or that it is in the public interest for a clearance to be granted. Accordingly, the decision to...

Court Disposition

Application refused; respondent's decision affirmed

Orders

  • The decision of the Children's Guardian to refuse the applicant's application for a working with children check clearance is affirmed.