DEG v Children’s Guardian [2018] NSWCATAD 241

DEG v Children’s Guardian [2018] NSWCATAD 241

DEG poses a real and appreciable risk to the safety of children, despite significant reform and remorse, as evidenced by his violent criminal history, child protection reports, and expert assessment of low to moderate risk. The decision to refuse a working with children check clearance is affirmed based on the paramount consideration of child safety.

Jurisdiction
Australia
Judgment Date
17 October 2018
Procedural Posture
Administrative Review / Final Decision
Outcome
The Tribunal affirms the Children's Guardian's refusal to grant DEG a working with children check clearance.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'violence Offences' 'apprehended Violence Orders']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check Clearance' 'risk Assessment' 'violence Offences' 'apprehended Violence Orders']

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Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ['Whether DEG poses a real and appreciable risk to the safety of children warranting refusal of a working with children check clearance']

Ratio Decidendi

DEG poses a real and appreciable risk to the safety of children, despite significant reform and remorse, as evidenced by his violent criminal history, child protection reports, and expert assessment of low to moderate risk. The decision to refuse a working with children check clearance is affirmed based on the paramount consideration of child safety.

Court Disposition

The Tribunal affirms the Children's Guardian's refusal to grant DEG a working with children check clearance.

Orders

  • ["The decision of the Children's Guardian to refuse to grant the applicant a working with children check clearance is affirmed."]