DGH v Children’s Guardian [2018] NSWCATAD 130

DGH v Children’s Guardian [2018] NSWCATAD 130

The Tribunal found, having considered the statutory factors, the evidence of rehabilitation, the circumstances of offending, the lack of harm to children, expert assessments and support, and the applicant's insight and changed circumstances, that as at the date of hearing the applicant did not pose a real and appreciable risk to the safety of children. Therefore, the refusal decision should be set aside and replaced with a grant of clearance.

Jurisdiction
Australia
Judgment Date
25 June 2018
Procedural Posture
Administrative Review / Hearing and Decision
Outcome
Decision of the respondent set aside; applicant granted working with children check clearance.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'administrative Decision Review']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'administrative Decision Review']

Case Brief

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Procedural Posture

Administrative Review / Hearing and Decision

Legal Issues

  1. 1 ['Whether the applicant poses a risk to the safety of children for the purposes of the Child Protection (Working with Children) Act 2012 (NSW)' 'Whether the decision refusing a working with children check clearance should be set aside and a clearance granted']

Ratio Decidendi

The Tribunal found, having considered the statutory factors, the evidence of rehabilitation, the circumstances of offending, the lack of harm to children, expert assessments and support, and the applicant's insight and changed circumstances, that as at the date of hearing the applicant did not pose a real and appreciable risk to the safety of children. Therefore, the refusal decision should be set aside and replaced with a grant of clearance.

Court Disposition

Decision of the respondent set aside; applicant granted working with children check clearance.

Orders

  • ["The respondent's decision made on 19 October 2017 to refuse the applicant's working with children check clearance is set aside." 'In substitution, a decision is made to grant the applicant a working with children check clearance.']