Sunol v Children’s Guardian [2024] NSWCATAD 319

Sunol v Children’s Guardian [2024] NSWCATAD 319

The Tribunal found that, on the totality of the evidence, the applicant poses a real and appreciable risk to the safety of children, specifically their psychological welfare, if permitted to undertake child-related work. This finding was based on the applicant's continued public publication of homophobic and vilifying statements about the LGBTQIA+ community, research evidencing the vulnerability of gay and lesbian young people to psychological harm as a result of discriminatory and abusive statements, the applicant's lack of contrition or insight into the effect of his conduct, his repeated non-compliance with court and tribunal orders (including orders relating to anti-discrimination and...

Parties
Applicant: John Christopher Sunol; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
26 November 2024
Procedural Posture
Administrative Review / Final Merits Determination
Outcome
Application for review refused; decision affirmed
Legal Topics
Working With Children Checks, Homosexual Vilification, Risk Assessment, Procedural Fairness, Non Publication Orders, Anti Discrimination, Criminal Record Disclosure
Administrative Law Equal Opportunity Law Child Protection Working With Children Checks Homosexual Vilification Risk Assessment Procedural Fairness Non Publication Orders +2 more

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Parties

John Christopher Sunol

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Merits Determination

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children within the meaning of the Child Protection (Working with Children) Act 2012 (NSW)
  2. 2 Whether the applicant satisfies the criteria under s 18(2) and s 30 of the Child Protection (Working with Children) Act 2012 (NSW) for the grant of a working with children check clearance
  3. 3 Whether the Children's Guardian and the Tribunal observed procedural fairness and addressed threshold procedural complaints

Ratio Decidendi

The Tribunal found that, on the totality of the evidence, the applicant poses a real and appreciable risk to the safety of children, specifically their psychological welfare, if permitted to undertake child-related work. This finding was based on the applicant's continued public publication of homophobic and vilifying statements about the LGBTQIA+ community, research evidencing the vulnerability of gay and lesbian young people to psychological harm as a result of discriminatory and abusive statements, the applicant's lack of contrition or insight into the effect of his conduct, his repeated non-compliance with court and tribunal orders (including orders relating to anti-discrimination and...

Court Disposition

Application for review refused; decision affirmed

Orders

  • The decision of the Children's Guardian dated 3 August 2023 to refuse to grant the applicant a working with children check clearance is affirmed.
  • Order 2 in orders made on 23 April 2024 is varied to prohibit the disclosure of the name of any child contained in documents lodged with the Tribunal.