DHK v Children’s Guardian [2018] NSWCATAD 227

DHK v Children’s Guardian [2018] NSWCATAD 227

The Tribunal was not satisfied, on the evidence, that the applicant indecently assaulted his daughter or posed a real and appreciable risk to children. The applicant's daughter's allegations were retracted, explanations for fabrication were credible, there was no corroborative evidence for further risk, and professional assessment found low risk. The Tribunal found a reasonable person would permit unsupervised contact, and it was in the public interest to grant the clearance.

Parties
Applicant: DHK; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
28 September 2018
Procedural Posture
Administrative Review / Merits Review and Final Orders
Outcome
Decision refusing clearance set aside; applicant to be granted a working with children check clearance.
Legal Topics
Working With Children Check, Risk Assessment, Merits Review, Public Interest, Protective Jurisdiction
Child Protection Administrative Law Working With Children Check Risk Assessment Merits Review Public Interest Protective Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

DHK

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Merits Review and Final Orders

Legal Issues

  1. 1 Whether applicant poses a real and appreciable risk to the safety of children under the Child Protection (Working with Children) Act 2012
  2. 2 Whether a reasonable person would allow unsupervised contact with the applicant in child-related work
  3. 3 Whether it is in the public interest to grant the applicant a working with children check clearance

Ratio Decidendi

The Tribunal was not satisfied, on the evidence, that the applicant indecently assaulted his daughter or posed a real and appreciable risk to children. The applicant's daughter's allegations were retracted, explanations for fabrication were credible, there was no corroborative evidence for further risk, and professional assessment found low risk. The Tribunal found a reasonable person would permit unsupervised contact, and it was in the public interest to grant the clearance.

Court Disposition

Decision refusing clearance set aside; applicant to be granted a working with children check clearance.

Orders

  • The decision of the respondent dated 20 December 2017 to cancel the applicant's working with children check clearance is set aside.
  • In substitution for that decision, the following decision is made: The applicant is to be granted a working with children check clearance.