DBS v Children's Guardian [2018] NSWCATAD 62

DBS v Children's Guardian [2018] NSWCATAD 62

The Tribunal concluded based on the evidence, including the absence of any harmful conduct in the past decade, improved circumstances, and professional risk assessment, that the applicant does not pose a real and appreciable risk to the safety of children. Therefore, the refusal of the clearance was not justified, and a clearance should be granted.

Jurisdiction
Australia
Judgment Date
20 March 2018
Procedural Posture
Administrative Review / Final Decision After Hearing
Outcome
Decision set aside, clearance granted
Legal Topics
['working With Children Check' 'clearances' 'risk Assessment' 'child Abuse Allegations']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'clearances' 'risk Assessment' 'child Abuse Allegations']

Case Brief

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Procedural Posture

Administrative Review / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children under the Child Protection (Working with Children) Act 2012' "Whether the decision of the Children's Guardian to refuse a Working With Children Check Clearance should be set aside"]

Ratio Decidendi

The Tribunal concluded based on the evidence, including the absence of any harmful conduct in the past decade, improved circumstances, and professional risk assessment, that the applicant does not pose a real and appreciable risk to the safety of children. Therefore, the refusal of the clearance was not justified, and a clearance should be granted.

Court Disposition

Decision set aside, clearance granted

Orders

  • ["The decision of the Children's Guardian of 18 April 2017 refusing 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.' 'Publication or broadcast without the leave...