DET v Children's Guardian [2018] NSWCATAD 143

DET v Children's Guardian [2018] NSWCATAD 143

Having regard to all mandated statutory considerations, past conduct, seriousness of the offence, vulnerability and exposure of the children, and insufficient evidence to disprove existence of a real and appreciable risk, the Tribunal found DET poses an unacceptable risk to the safety of children and confirms refusal of clearance. Conditions cannot be imposed, and even if risk was not proven, a reasonable person would not allow unsupervised contact.

Parties
Applicant: DET; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
02 July 2018
Procedural Posture
Administrative Review / Final Tribunal Determination
Outcome
Application dismissed; decision confirmed
Legal Topics
Working With Children Check, Risk Assessment, Child Abuse, Tribunal Powers, Publication Restrictions
Administrative Law Child Protection Equal Opportunity Working With Children Check Risk Assessment Child Abuse Tribunal Powers Publication Restrictions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 59 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

DET

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Tribunal Determination

Legal Issues

  1. 1 Whether DET should be granted a Working with Children Check clearance under the Child Protection (Working with Children) Act 2012
  2. 2 Whether DET poses a real and appreciable risk to the safety of children
  3. 3 Whether the Tribunal may grant a clearance subject to conditions

Ratio Decidendi

Having regard to all mandated statutory considerations, past conduct, seriousness of the offence, vulnerability and exposure of the children, and insufficient evidence to disprove existence of a real and appreciable risk, the Tribunal found DET poses an unacceptable risk to the safety of children and confirms refusal of clearance. Conditions cannot be imposed, and even if risk was not proven, a reasonable person would not allow unsupervised contact.

Court Disposition

Application dismissed; decision confirmed

Orders

  • The decision of the Children's Guardian on 15 December 2017 to refuse to grant DET a Working with Children Check clearance is confirmed.
  • With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited under s64(1)(a) of the Civil and Administrative Tribunal Act 2013.