DDE v Children’s Guardian [2019] NSWCATAD 123

DDE v Children’s Guardian [2019] NSWCATAD 123

The applicant poses a real and appreciable risk to the safety of children due to his ongoing violent behaviour, continued excessive alcohol consumption, lack of insight and failure to take recommended steps to control alcohol use disorder. Despite positive evidence of his conduct with children, his entrenched patterns of intoxication and violence, including recent incidents, outweigh the mitigating factors. Cancellation of the working with children check clearance is the correct and preferable decision.

Jurisdiction
Australia
Judgment Date
18 June 2019
Procedural Posture
Administrative Review / Final Determination
Outcome
The decision of the respondent to cancel the applicant's working with children check clearance is affirmed.
Legal Topics
['working With Children' 'clearance Cancellation' 'risk Assessment' 'alcohol Use Disorder' 'violent Behaviour']
['administrative Law' 'child Protection'] ['working With Children' 'clearance Cancellation' 'risk Assessment' 'alcohol Use Disorder' 'violent Behaviour']

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children' 'Whether the applicant has overcome alcohol use disorder' 'Whether past violent conduct and criminal history warrant cancellation of working with children check clearance']

Ratio Decidendi

The applicant poses a real and appreciable risk to the safety of children due to his ongoing violent behaviour, continued excessive alcohol consumption, lack of insight and failure to take recommended steps to control alcohol use disorder. Despite positive evidence of his conduct with children, his entrenched patterns of intoxication and violence, including recent incidents, outweigh the mitigating factors. Cancellation of the working with children check clearance is the correct and preferable decision.

Court Disposition

The decision of the respondent to cancel the applicant's working with children check clearance is affirmed.

Orders

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