DBD v Children’s Guardian [2018] NSWCATAD 118

DBD v Children’s Guardian [2018] NSWCATAD 118

The Tribunal found on the balance of probabilities that DBD hit the four-year-old child with some force and caused the injury shown in the photographs. It rejected DBD's alternative explanations as implausible and found that his lack of truthfulness and failure to accept responsibility created a risk that he may fail to act protectively towards children if that conflicted with his own interests. Having regard to the paramount consideration of the safety and well-being of children, the Tribunal found that DBD posed a real and appreciable risk to the safety of children and that the correct and preferable decision was to affirm cancellation of his clearance.

Jurisdiction
Australia
Judgment Date
31 May 2018
Procedural Posture
Application for Administrative Review of Decision Cancelling Working With Children Check Clearance / Merits Review in the Administrative and Equal Opportunity Division of NCAT
Outcome
The decision of the Children's Guardian to cancel DBD's working with children check clearance was affirmed.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'family Day Care Service' 'physical Assault Allegation Involving a Child' 'real and Appreciable Risk to the Safety of Children']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'family Day Care Service' 'physical Assault Allegation Involving a Child' 'real and Appreciable Risk to the Safety of Children']

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Procedural Posture

Application for Administrative Review of Decision Cancelling Working With Children Check Clearance / Merits Review in the Administrative and Equal Opportunity Division of NCAT

Legal Issues

  1. 1 ["Whether the Tribunal should affirm or set aside the Children's Guardian's decision to cancel DBD's working with children check clearance." "Whether DBD hit a four-year-old child in his wife's family day care service and caused injury." 'Whether, as at the date of hearing, DBD posed a real and appreciable risk to the safety of children if granted a clearance to work in child-related work.']

Ratio Decidendi

The Tribunal found on the balance of probabilities that DBD hit the four-year-old child with some force and caused the injury shown in the photographs. It rejected DBD's alternative explanations as implausible and found that his lack of truthfulness and failure to accept responsibility created a risk that he may fail to act protectively towards children if that conflicted with his own interests. Having regard to the paramount consideration of the safety and well-being of children, the Tribunal found that DBD posed a real and appreciable risk to the safety of children and that the correct and preferable decision was to affirm cancellation of his clearance.

Court Disposition

The decision of the Children's Guardian to cancel DBD's working with children check clearance was affirmed.

Orders

  • ["The decision of the Children's Guardian to cancel DBD's working with children check clearance is affirmed."]