DBF v Children’s Guardian [2018] NSWCATAD 119

DBF v Children’s Guardian [2018] NSWCATAD 119

The Tribunal found DBF posed a real and appreciable risk to the safety of children, mainly due to her failure to report an incident of injury to a child, unsatisfactory explanations for this failure, minimization of her and her husband's responsibility regarding the incident, and a subsequent failure to disclose her de-registration to a new child care provider—all outweighing her favorable history and references. The paramount consideration was the safety and well-being of children, and the Tribunal was not satisfied DBF would prioritize child protection over her or her husband's interests.

Jurisdiction
Australia
Judgment Date
31 May 2018
Procedural Posture
Administrative Review / Final Judgment
Outcome
Decision affirmed
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'merits Review' 'child Abuse Reporting' 'family Day Care Regulation']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'merits Review' 'child Abuse Reporting' 'family Day Care Regulation']

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Procedural Posture

Administrative Review / Final Judgment

Legal Issues

  1. 1 ['Whether applicant poses a real and appreciable risk to the safety of children if granted a clearance' 'Adequacy of reporting and supervision in response to child injury incident' "Effect of applicant's failure to act protectively and disclose adverse findings"]

Ratio Decidendi

The Tribunal found DBF posed a real and appreciable risk to the safety of children, mainly due to her failure to report an incident of injury to a child, unsatisfactory explanations for this failure, minimization of her and her husband's responsibility regarding the incident, and a subsequent failure to disclose her de-registration to a new child care provider—all outweighing her favorable history and references. The paramount consideration was the safety and well-being of children, and the Tribunal was not satisfied DBF would prioritize child protection over her or her husband's interests.

Court Disposition

Decision affirmed

Orders

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