DAN v Children's Guardian [2018] NSWCATAD 20

DAN v Children's Guardian [2018] NSWCATAD 20

Taking into account the mandatory considerations in section 30(1) of the Child Protection (Working with Children) Act 2012 (NSW), the Tribunal found that the 2010 knife incident was serious, that the applicant was an unreliable and evasive witness with limited insight into family violence and anger management, that subsequent violent incidents and police involvement remained relevant, and that reduced weight should be given to the forensic psychologist's report because it proceeded on an incomplete premise. The Tribunal was satisfied on the balance of probabilities that the applicant posed a risk to the safety of children, so the correct and preferable decision was to affirm the refusal...

Jurisdiction
Australia
Judgment Date
24 January 2018
Procedural Posture
Application for Administrative Review Under Section 27 of the Child Protection (working With Children) Act 2012 (nsw) of a Refusal to Grant a Working With Children Check Clearance / Final Decision After Hearing
Outcome
The decision of the Children's Guardian dated 8 March 2017 to refuse to grant the applicant a Working with Children Check clearance is affirmed.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'child Related Violence' 'protective Jurisdiction' 'assessment of Risk to Children']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'child Related Violence' 'protective Jurisdiction' 'assessment of Risk to Children']

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Procedural Posture

Application for Administrative Review Under Section 27 of the Child Protection (working With Children) Act 2012 (nsw) of a Refusal to Grant a Working With Children Check Clearance / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the 2015 amendments inserting s 15(4A) and s 30(1A) into the Child Protection (Working with Children) Act 2012 (NSW) applied to the proceedings.' 'Whether, as at the date of hearing, the applicant posed a real and appreciable risk to children.' 'Whether the correct and preferable decision was to grant or refuse the applicant a Working with Children Check clearance.']

Ratio Decidendi

Taking into account the mandatory considerations in section 30(1) of the Child Protection (Working with Children) Act 2012 (NSW), the Tribunal found that the 2010 knife incident was serious, that the applicant was an unreliable and evasive witness with limited insight into family violence and anger management, that subsequent violent incidents and police involvement remained relevant, and that reduced weight should be given to the forensic psychologist's report because it proceeded on an incomplete premise. The Tribunal was satisfied on the balance of probabilities that the applicant posed a risk to the safety of children, so the correct and preferable decision was to affirm the refusal...

Court Disposition

The decision of the Children's Guardian dated 8 March 2017 to refuse to grant the applicant a Working with Children Check clearance is affirmed.

Orders

  • ["The decision of the Children's Guardian dated 8 March 2017 to refuse to grant the applicant a Working with Children Check clearance is affirmed."]