DGW v Children’s Guardian [2018] NSWCATAD 179

DGW v Children’s Guardian [2018] NSWCATAD 179

The Tribunal affirmed the refusal because the evidence showed the applicant had an extensive history of physical assaults, sexual assaults, verbal abuse, violence, threats and intimidation; the Tribunal found on the balance of probabilities that the 2007 alleged sexual intercourse without consent occurred; the applicant's disclosures were grossly inadequate; he had not obtained a suitable expert risk assessment or undertaken treatment addressing abusive, violent or sexual behaviour; and the Tribunal was not satisfied under either limb of s 30(1A). The applicant therefore posed a real and appreciable risk to other people, including children, and the correct and preferable decision was to...

Jurisdiction
Australia
Judgment Date
08 August 2018
Procedural Posture
Administrative Review of Refusal to Grant a Working With Children Check Clearance / Review Application Before the NSW Civil and Administrative Tribunal, Administrative and Equal Opportunity Division
Outcome
The Children's Guardian's decision refusing to grant a Working with Children Check Clearance was affirmed, and the review application was refused and dismissed.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'child Related Work' 'publication Restriction']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'child Related Work' 'publication Restriction']

Case Brief

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Procedural Posture

Administrative Review of Refusal to Grant a Working With Children Check Clearance / Review Application Before the NSW Civil and Administrative Tribunal, Administrative and Equal Opportunity Division

Legal Issues

  1. 1 ["Whether the Children's Guardian's February 2017 decision refusing to grant the applicant a Working with Children Check Clearance should be affirmed, varied or set aside." 'Whether the applicant poses a real and appreciable risk to the safety of children.' 'Whether the Tribunal could be satisfied under s 30(1A) of the Child Protection (Working with Children) Act 2012 that a reasonable person would allow unsupervised direct contact with the applicant in child-related work and that making an enabling order was in the public interest.' 'Whether publication or broadcast of identifying information should be prohibited.']

Ratio Decidendi

The Tribunal affirmed the refusal because the evidence showed the applicant had an extensive history of physical assaults, sexual assaults, verbal abuse, violence, threats and intimidation; the Tribunal found on the balance of probabilities that the 2007 alleged sexual intercourse without consent occurred; the applicant's disclosures were grossly inadequate; he had not obtained a suitable expert risk assessment or undertaken treatment addressing abusive, violent or sexual behaviour; and the Tribunal was not satisfied under either limb of s 30(1A). The applicant therefore posed a real and appreciable risk to other people, including children, and the correct and preferable decision was to...

Court Disposition

The Children's Guardian's decision refusing to grant a Working with Children Check Clearance was affirmed, and the review application was refused and dismissed.

Orders

  • ["The decision of the Children's Guardian of February 2017 refusing to grant the applicant a Working with Children Check Clearance is affirmed." "The applicant's review application filed 18 December 2017 is refused and dismissed." 'Publication or broadcast without the leave of the Tribunal of the name or other...