CKU v Children's Guardian

In the matter of CKU v Children's Guardian, the court examined the decision of the Children’s Guardian to refuse the applicant a Working with Children Check Clearance. The applicant contested the refusal, which was grounded on the assessment that the applicant posed a risk to the safety and well-being of children. The case was heard in the Civil and Administrative Tribunal of New South Wales.

The legal issues before the court encompassed the criteria for review under section 27 of the Child Protection (Working with Children) Act 2012 and the burden of proof in such reviews. Specifically, the court had to determine whether the Children's Guardian was correct in finding that the applicant posed a real and appreciable risk to children, and if the decision to refuse clearance was the correct and preferable one based on the material presented.

The court found that the Children's Guardian was entitled to rely on the material before the Tribunal to conclude that the applicant posed a risk to children. The onus of proof in a review under section 27 was on the applicant to demonstrate that the refusal was not the correct and preferable decision. The paramount concern in child protection matters is to safeguard children from abuse, and the court upheld the Children’s Guardian's decision that a refusal of clearance was appropriate to protect children from potential harm. Consequently, the court affirmed the decision of the Children’s Guardian.

The orders made by the court included the affirmation of the Children’s Guardian's decision dated 13 January 2016 to refuse the applicant a Working with Children Check Clearance. Furthermore, the court prohibited the disclosure of the names of the applicant and any alleged victims or children mentioned in the material presented to the Tribunal.