CLD v Children's Guardian

In the matter of CLD v Children's Guardian, the applicant contested the decision of the Children's Guardian to revoke her Working with Children Check clearance under the Child Protection (Working with Children) Act 2012. The applicant's child had been sexually abused by the applicant's husband, leading the Children's Court to place the child with the grandparents due to the perceived risk in the applicant's care. The central issue for the court was whether the applicant posed a risk to the safety of children and if the Guardian's decision to cancel her clearance was correct and preferable, given the evidence before the Tribunal.

The court examined the onus of proof in a review under section 27 of the Act, determining that a real and appreciable risk posed by the applicant to the safety, welfare, and well-being of children warranted the cancellation of her clearance. The paramount concern was protecting children from abuse, and the court found that the applicant's past actions and the circumstances surrounding the abuse created a significant risk. The court held that the Children's Guardian's decision was based on a proper assessment under section 15 of the Act and was supported by the evidence.

Consequently, the court confirmed the Children's Guardian's decision to cancel the applicant's Working with Children Check clearance, highlighting that the paramount concern was the safety of children. The court's decision underscored the importance of protecting children from potential harm and the necessity of strict compliance with child protection laws. The court also noted that the publication or broadcast of the names of any persons mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited, except for expert witnesses and officers of government agencies. This order was made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013.