DCV v Children’s Guardian [2018] NSWCATAD 21

DCV v Children’s Guardian [2018] NSWCATAD 21

The Tribunal finds, on the balance of probabilities and in accordance with s 30(1) of the Child Protection (Working with Children) Act 2012, that the applicant continues to pose a real and appreciable risk to the safety and well-being of children and young persons. Accordingly, the correct and preferable decision is to affirm the refusal of the applicant’s Working with Children Check Clearance.

Parties
Applicant: DCV; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
24 January 2018
Procedural Posture
Administrative Review / Principal Judgment
Outcome
Decision affirmed; clearance refused
Legal Topics
Working With Children Check Clearance, Risk Assessment, Procedural Fairness
Administrative Law Child Protection Equal Opportunity Working With Children Check Clearance Risk Assessment Procedural Fairness

Case Brief

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Parties

DCV

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Principal Judgment

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety and well-being of children
  2. 2 Correct and preferable decision regarding refusal of Working with Children Check Clearance
  3. 3 Application and interpretation of section 30(1) of the Child Protection (Working with Children) Act 2012

Ratio Decidendi

The Tribunal finds, on the balance of probabilities and in accordance with s 30(1) of the Child Protection (Working with Children) Act 2012, that the applicant continues to pose a real and appreciable risk to the safety and well-being of children and young persons. Accordingly, the correct and preferable decision is to affirm the refusal of the applicant’s Working with Children Check Clearance.

Court Disposition

Decision affirmed; clearance refused

Orders

  • The decision of the respondent dated 2 May 2017 to refuse the applicant's Working with Children Check Clearance is affirmed.