DEW v Children’s Guardian [2018] NSWCATAD 75

DEW v Children’s Guardian [2018] NSWCATAD 75

The Tribunal affirmed the refusal because, having regard to the paramount consideration of child safety, the seriousness and relative recency of the applicant's assault on his nine-year-old son, the injuries caused, his conduct immediately afterwards, his minimisation and incomplete disclosure of past behaviour, and his continuing need for counselling, the Tribunal was satisfied that at the time of hearing he posed a real and appreciable risk to the safety of children if granted an unrestricted working with children check clearance. In any event, while he remained subject to a good behaviour bond and ADVO conditions and had not completed sufficient counselling, the Tribunal would not have...

Jurisdiction
Australia
Judgment Date
09 April 2018
Procedural Posture
Administrative Review of Refusal of Application for a Working With Children Check Clearance / External Review in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales
Outcome
The respondent's decision to refuse the applicant's application for a working with children check clearance was affirmed.
Legal Topics
['risk Assessment for Working With Children Check Clearance' 'assault Occasioning Actual Bodily Harm Against a Child' 'real and Appreciable Risk to the Safety of Children' 'correct and Preferable Decision' 'public Interest in Child Related Work']
['administrative Law' 'child Protection' 'working With Children Checks'] ['risk Assessment for Working With Children Check Clearance' 'assault Occasioning Actual Bodily Harm Against a Child' 'real and Appreciable Risk to the Safety of Children' 'correct and Preferable Decision' 'public Interest in Child Related Work']

Case Brief

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Procedural Posture

Administrative Review of Refusal of Application for a Working With Children Check Clearance / External Review in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether the Tribunal could be satisfied, as at the date of hearing, that the applicant posed a real and appreciable risk to the safety of children if granted a working with children check clearance.' 'If the Tribunal were not satisfied that the applicant posed such a risk, whether a reasonable person would allow their child to have unsupervised direct contact with the applicant while engaged in child-related work and whether granting the clearance would be in the public interest.']

Ratio Decidendi

The Tribunal affirmed the refusal because, having regard to the paramount consideration of child safety, the seriousness and relative recency of the applicant's assault on his nine-year-old son, the injuries caused, his conduct immediately afterwards, his minimisation and incomplete disclosure of past behaviour, and his continuing need for counselling, the Tribunal was satisfied that at the time of hearing he posed a real and appreciable risk to the safety of children if granted an unrestricted working with children check clearance. In any event, while he remained subject to a good behaviour bond and ADVO conditions and had not completed sufficient counselling, the Tribunal would not have...

Court Disposition

The respondent's decision to refuse the applicant's application for a working with children check clearance was affirmed.

Orders

  • ["The respondent's decision, made on 8 September 2017, to refuse the applicant's application for a working with children check clearance is affirmed."]