DHF v Children’s Guardian [2018] NSWCATAD 152

DHF v Children’s Guardian [2018] NSWCATAD 152

The applicant does not present a real and appreciable risk to the safety of children, and both the reasonable person and public interest tests are satisfied; therefore, the cancellation decision is set aside and the applicant is to be granted a working with children check clearance.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 July 2018
Procedural Posture
Administrative Review / Post Hearing Merits Decision
Outcome
Decision of respondent cancelled; applicant to be granted clearance
Legal Topics
['cancellation of Working With Children Check Clearance' 'risk Assessment' 'domestic Violence' 'section 30 Matters' 'public Interest' 'reasonable Person Test']
['administrative Law' 'child Protection' 'equal Opportunity'] ['cancellation of Working With Children Check Clearance' 'risk Assessment' 'domestic Violence' 'section 30 Matters' 'public Interest' 'reasonable Person Test']

Source-derived case record

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Procedural Posture

Administrative Review / Post Hearing Merits Decision

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children under s18(2) Child Protection (Working with Children) Act 2012' 'Whether the applicant should be granted a working with children check clearance' 'Application of the reasonable person and public interest tests under s30(1A) of the Act']

Ratio Decidendi

The applicant does not present a real and appreciable risk to the safety of children, and both the reasonable person and public interest tests are satisfied; therefore, the cancellation decision is set aside and the applicant is to be granted a working with children check clearance.

Court Disposition

Decision of respondent cancelled; applicant to be granted clearance

Orders

  • ["The decision of the respondent dated 12 December 2017 to cancel the applicant's working with children check clearance is set aside." 'In substitution for that decision, the applicant is to be granted a working with children check clearance.']