DCZ v Children’s Guardian [2024] NSWCATAD 300

DCZ v Children’s Guardian [2024] NSWCATAD 300

Given the pattern of serious allegations, the applicant's prior conviction, admissions, lack of remedial action or insight, and failure to rebut risk, the Tribunal found that the applicant poses a real and appreciable risk to the safety of children and affirmed the refusal of his Working With Children Check clearance.

Parties
Applicant: DCZ; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
10 October 2024
Procedural Posture
Administrative Review / Final Tribunal Decision
Outcome
Decision affirmed
Legal Topics
Risk Assessment, Review of Administrative Decisions, Section 18 Refusal, Working With Children Check
Administrative Law Child Protection Working With Children Risk Assessment Review of Administrative Decisions Section 18 Refusal Working With Children Check

Case Brief

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Parties

DCZ

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Tribunal Decision

Legal Issues

  1. 1 Whether the applicant poses a risk to the safety of children under section 18 of the Child Protection (Working with Children) Act 2012 (NSW)
  2. 2 Whether the refusal of a Working With Children Check clearance should be affirmed

Ratio Decidendi

Given the pattern of serious allegations, the applicant's prior conviction, admissions, lack of remedial action or insight, and failure to rebut risk, the Tribunal found that the applicant poses a real and appreciable risk to the safety of children and affirmed the refusal of his Working With Children Check clearance.

Court Disposition

Decision affirmed

Orders

  • The decision of the Children's Guardian made on 24 January 2024 is affirmed.