DCQ v Children’s Guardian [2017] NSWCATAD 305

DCQ v Children’s Guardian [2017] NSWCATAD 305

The correct and preferable decision was to affirm the respondent's decision because the applicant posed a risk to the safety of children. The Tribunal found on the balance of probabilities that the applicant assaulted an eight year old child and the child's mother, later engaged in violent conduct involving CD and her children, had unresolved anger management and alcohol misuse risk factors, minimised or denied responsibility, lacked insight, blamed others, and had not demonstrated counselling, support structures or rehabilitation sufficient to prevent further violence or alcohol misuse.

Jurisdiction
Australia
Judgment Date
20 October 2017
Procedural Posture
Administrative Review of a Working With Children Check Clearance Decision / Final Determination After Hearing
Outcome
Respondent's decision affirmed.
Legal Topics
['working With Children Check Clearance' 'risk to Safety of Children' 'trigger Offences Involving a Child' 'domestic Violence Allegations' 'assessment of Risk']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk to Safety of Children' 'trigger Offences Involving a Child' 'domestic Violence Allegations' 'assessment of Risk']

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Procedural Posture

Administrative Review of a Working With Children Check Clearance Decision / Final Determination After Hearing

Legal Issues

  1. 1 ['Whether the applicant poses a risk to the safety of children for the purposes of the Child Protection (Working with Children) Act 2012.' "Whether the respondent's decision to refuse or cancel the applicant's Working With Children Check clearance was the correct and preferable decision." "What weight should be given to the applicant's trigger offence, later alleged domestic violence incidents, alcohol misuse, lack of insight and evidence of support or rehabilitation."]

Ratio Decidendi

The correct and preferable decision was to affirm the respondent's decision because the applicant posed a risk to the safety of children. The Tribunal found on the balance of probabilities that the applicant assaulted an eight year old child and the child's mother, later engaged in violent conduct involving CD and her children, had unresolved anger management and alcohol misuse risk factors, minimised or denied responsibility, lacked insight, blamed others, and had not demonstrated counselling, support structures or rehabilitation sufficient to prevent further violence or alcohol misuse.

Court Disposition

Respondent's decision affirmed.

Orders

  • ["The respondent's decision to cancel the applicant's Working With Children Check Clearance is affirmed."]