DHE v Children’s Guardian [2018] NSWCATAD 208

DHE v Children’s Guardian [2018] NSWCATAD 208

The Applicant formed and maintained a highly inappropriate relationship with a vulnerable child while in positions of trust and authority, continued and concealed communications after concerns were raised, and had not demonstrated sufficient insight into his own motives, personal gain, or the potential impact on the child. Those matters established a real and appreciable, unacceptable risk to the safety of children, so the correct and preferable decision was to affirm the cancellation of his WWCC clearance.

Jurisdiction
Australia
Judgment Date
06 September 2018
Procedural Posture
Administrative Review of Cancellation of Working With Children Check Clearance / Decision After Hearing
Outcome
Respondent's decision affirmed.
Legal Topics
['working With Children Check Clearance' 'risk to the Safety of Children' 'professional Boundaries' 'child Related Work']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk to the Safety of Children' 'professional Boundaries' 'child Related Work']

Case Brief

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Procedural Posture

Administrative Review of Cancellation of Working With Children Check Clearance / Decision After Hearing

Legal Issues

  1. 1 ['Whether the Applicant currently poses a risk to the safety of children.' "Whether the Respondent's decision to cancel the Applicant's Working with Children Check clearance should be affirmed or set aside."]

Ratio Decidendi

The Applicant formed and maintained a highly inappropriate relationship with a vulnerable child while in positions of trust and authority, continued and concealed communications after concerns were raised, and had not demonstrated sufficient insight into his own motives, personal gain, or the potential impact on the child. Those matters established a real and appreciable, unacceptable risk to the safety of children, so the correct and preferable decision was to affirm the cancellation of his WWCC clearance.

Court Disposition

Respondent's decision affirmed.

Orders

  • ["The Respondent's decision is affirmed."]