GJA v Children’ Guardian [2025] NSWCATAD 28

GJA v Children’ Guardian [2025] NSWCATAD 28

Having regard to the totality of evidence, including applicant's criminal conduct, exposure of children to risk from firearms, drugs, and unsafe transportation, lack of remorse, and shifting of blame, the Tribunal is satisfied the applicant poses a real and appreciable risk to the safety of children. As such, the refusal of WWCC clearance is affirmed.

Parties
Applicant: GJA; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
28 January 2025
Procedural Posture
Administrative Review / Final Determination at Tribunal
Outcome
Decision under review affirmed; WWCC clearance refusal stands
Legal Topics
Working With Children Check, Apprehended Domestic Violence Orders, Firearm Offences, Drug Offences, Child Safety, Risk Assessment, Unsafe Child Seat Restraints
Administrative Law Child Protection Equal Opportunity Working With Children Check Apprehended Domestic Violence Orders Firearm Offences Drug Offences Child Safety +2 more

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Parties

GJA

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Determination at Tribunal

Legal Issues

  1. 1 Whether applicant poses a real and appreciable risk to the safety of children and should be granted a Working with Children Check clearance

Ratio Decidendi

Having regard to the totality of evidence, including applicant's criminal conduct, exposure of children to risk from firearms, drugs, and unsafe transportation, lack of remorse, and shifting of blame, the Tribunal is satisfied the applicant poses a real and appreciable risk to the safety of children. As such, the refusal of WWCC clearance is affirmed.

Court Disposition

Decision under review affirmed; WWCC clearance refusal stands

Orders

  • The Tribunal affirms the decision under review.