CFL v Children's Guardian [2016] NSWCATAD 114

ADMINISTRATIVE LAW - review under section 27 Child Protection (Working with Children) Act 2012 - refusal of working with children check clearance-what the correct and preferable decision is having regard to the material before the Tribunal – assessment trigger by clause 1(1)(b) of Schedule 1 to the Child Protection (Working with Children) Act 2012- charges of indecent assault and 4 counts of aggravated sexual assault of stepdaughter aged 11-13 withdrawn and dismissed after complainant recanted allegations - whether the applicant poses a risk to the safety of children - onus of proof in a review under section 27 - a real and appreciable risk is posed by the applicant to the safety welfare and well-being of children of children - paramount concern is protecting children from child abuse - the correct and preferable decision is to uphold the decision of the Children’s Guardian and refuse a working with children check clearance.

Amy Douglas-Baker appeared for the Children's Guardian.