DAO v Children’s Guardian [2017] NSWCATAD 317

DAO v Children’s Guardian [2017] NSWCATAD 317

Having considered the mandatory factors in s 30(1) of the Child Protection (Working with Children) Act 2012 and all the evidence, the Tribunal found that although the trigger offence was serious, the applicant was remorseful, had not come to adverse attention since, had addressed alcohol misuse, had ended and developed strategies to avoid unhealthy relationships, had ceased physical discipline, had undertaken counselling and parenting programs, and had positive evidence from her treating psychologist and referees. The Tribunal was satisfied that she did not currently pose a real and appreciable risk to the safety of children, so the correct and preferable decision was to set aside the...

Jurisdiction
Australia
Judgment Date
01 November 2017
Procedural Posture
Application for Review of Refusal to Grant a Working With Children Check Clearance / Final Decision
Outcome
The decision of the Children's Guardian dated 3 April 2017 was set aside and the applicant was granted a working with children check clearance.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'assault Occasioning Actual Bodily Harm' 'protective Jurisdiction' 'publication Restriction']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'assault Occasioning Actual Bodily Harm' 'protective Jurisdiction' 'publication Restriction']

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Procedural Posture

Application for Review of Refusal to Grant a Working With Children Check Clearance / Final Decision

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children.' "Whether the decision of the Children's Guardian refusing to grant a working with children check clearance should be set aside." 'Whether the 2015 amendments inserting s 15(4A) and s 30(1A) into the Child Protection (Working with Children) Act 2012 applied to the application.' 'Whether the Tribunal could order a clearance authorising paid and unpaid child-related work where the application was lodged as an unpaid child-related work application.']

Ratio Decidendi

Having considered the mandatory factors in s 30(1) of the Child Protection (Working with Children) Act 2012 and all the evidence, the Tribunal found that although the trigger offence was serious, the applicant was remorseful, had not come to adverse attention since, had addressed alcohol misuse, had ended and developed strategies to avoid unhealthy relationships, had ceased physical discipline, had undertaken counselling and parenting programs, and had positive evidence from her treating psychologist and referees. The Tribunal was satisfied that she did not currently pose a real and appreciable risk to the safety of children, so the correct and preferable decision was to set aside the...

Court Disposition

The decision of the Children's Guardian dated 3 April 2017 was set aside and the applicant was granted a working with children check clearance.

Orders

  • ["The decision of the Children's Guardian dated 3 April 2017 to refuse to grant the applicant a 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.' 'With the exception of expert...