DAI v Children’s Guardian [2017] NSWCATAD 308

DAI v Children’s Guardian [2017] NSWCATAD 308

The applicant does not pose a real and appreciable risk to the safety of children, having demonstrated significant remorse, a positive parenting history since the offences, no adverse attention from authorities for over 20 years, and being assessed by an expert as falling into the lowest risk category for harm to children. The reasonable person and public interest tests are satisfied, as a reasonable person would allow unsupervised child contact and it is in the public interest to grant the clearance.

Parties
Applicant: DAI; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
25 October 2017
Procedural Posture
Administrative Law – Review of Government Decision / Merits Review Before Tribunal
Outcome
Decision of the Children's Guardian refusing working with children check clearance is set aside; applicant is granted clearance.
Legal Topics
Working With Children Check, Risk Assessment, Convictions Involving Assault, Protective Jurisdiction, Reasonable Person Test, Public Interest Test
Administrative Law Child Protection Equal Opportunity Working With Children Check Risk Assessment Convictions Involving Assault Protective Jurisdiction Reasonable Person Test +1 more

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Parties

DAI

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Law – Review of Government Decision / Merits Review Before Tribunal

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children under s18(2) of the Child Protection (Working with Children) Act 2012
  2. 2 Whether, under s30(1A), a reasonable person would allow their child to have unsupervised contact with the applicant and whether it is in the public interest to grant clearance

Ratio Decidendi

The applicant does not pose a real and appreciable risk to the safety of children, having demonstrated significant remorse, a positive parenting history since the offences, no adverse attention from authorities for over 20 years, and being assessed by an expert as falling into the lowest risk category for harm to children. The reasonable person and public interest tests are satisfied, as a reasonable person would allow unsupervised child contact and it is in the public interest to grant the clearance.

Court Disposition

Decision of the Children's Guardian refusing working with children check clearance is set aside; applicant is granted clearance.

Orders

  • The decision of the Children's Guardian dated 16 November 2016 to refuse the applicant's working with children check clearance is set aside.
  • In substitution for that decision, the following decision is made: The applicant is granted a working with children check clearance.