CRV v Anglicare NSW
[2017] NSWCATAD 247
At a glance
Source factsCourt
NCAT Administrative and Equal Opportunity
Decision date
2017-03-06
Source
Original judgment source is linked above.
Judgment (14 paragraphs)
REASONS FOR DECISION
- The applicant is an authorised carer under the Children and Young Person's Act 1998 (the 'Care Act'). The respondent, Anglicare is a designated agency providing out of home care to children in NSW.
- On 26 March 2015, the applicant self-reported an incident involving an 8 year old child. She was the authorised carer of the child and to prevent him from climbing on a roof, she used unapproved physical restraint on the child. That is, she tied up the child's hands with a skipping rope and tied the rope to a pole. She says her actions were to ensure the safety of the child. The applicant, throughout the investigation of the incident, struggled at times, to admit any wrongdoing. On 2 November 2015, the respondent decided to de-authorise the applicant as an authorised carer.
- Upon consideration of all the material and evidence, the Tribunal finds the correct and preferable decision is to affirm the respondent's decision.
Background
- On 21 May 2013, the applicant, who will be referred to as 'CRV' in these reasons, was an authorised carer. Her husband was also authorised at the same time but he is not a party in these proceedings.
- As stated, on 26 March 2015, CRV telephoned the respondent case manager and self-reported an incident involving an 8 year old child in her care. The child will be referred to as 'AA' in these reasons. AA had been in CRV's care for approximately one year and there were also three other children in her care at the time.