CFK v Children's Guardian [2016] NSWCATAD 140

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 under section 61P and section 61I of the Crimes Act 1900 (NSW)- on appeal to the Court of Criminal Appeal the conviction and sentence in the District Court was quashed and a verdict of acquittal entered - 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.