DFV v Children’s Guardian [2018] NSWCATAD 145

DFV v Children’s Guardian [2018] NSWCATAD 145

The Tribunal, after considering all evidence, found the applicant does not currently pose a real and appreciable risk to the safety and well-being of children and young persons. Substantial rehabilitation, insight, and absence of further allegations favoured a finding that any present risk is no greater than that posed by the general adult population. Accordingly, the correct and preferable decision was to set aside the respondent's refusal and grant the applicant a Working with Children Check Clearance.

Jurisdiction
Australia
Judgment Date
12 July 2018
Procedural Posture
Administrative Review / Merits Hearing and Decision
Outcome
Application allowed; original decision set aside; clearance granted.
Legal Topics
['working With Children Check' 'risk Assessment' 'protective Jurisdiction' 'teacher Student Boundaries' 'rehabilitation' 'public Interest' 'section 30 Child Protection (working With Children) Act 2012']
['administrative Law' 'child Protection'] ['working With Children Check' 'risk Assessment' 'protective Jurisdiction' 'teacher Student Boundaries' 'rehabilitation' 'public Interest' 'section 30 Child Protection (working With Children) Act 2012']

Case Brief

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Procedural Posture

Administrative Review / Merits Hearing and Decision

Legal Issues

  1. 1 ['Whether the applicant currently poses a real and appreciable risk to the safety and well-being of children' 'Whether the applicant should be granted a Working with Children Check Clearance' 'Proper application of section 30(1) and (1A) Child Protection (Working with Children) Act 2012 including the reasonable person and public interest tests']

Ratio Decidendi

The Tribunal, after considering all evidence, found the applicant does not currently pose a real and appreciable risk to the safety and well-being of children and young persons. Substantial rehabilitation, insight, and absence of further allegations favoured a finding that any present risk is no greater than that posed by the general adult population. Accordingly, the correct and preferable decision was to set aside the respondent's refusal and grant the applicant a Working with Children Check Clearance.

Court Disposition

Application allowed; original decision set aside; clearance granted.

Orders

  • ['The decision of the respondent dated 3 October 2017 is set aside.' 'The respondent is to grant the applicant a Working with Children Check Clearance.']