DHL v Children’s Guardian [2018] NSWCATAD 238

DHL v Children’s Guardian [2018] NSWCATAD 238

The applicant's offending was related to alcohol, has not involved children, applicant has shown genuine remorse, committed to rehabilitation, and expert evidence supports that the applicant does not pose an unacceptable risk to children. Therefore, the applicant should not be treated as a disqualified person and is entitled to a Working with Children Check clearance.

Jurisdiction
Australia
Judgment Date
12 October 2018
Procedural Posture
Administrative Review / Final Decision
Outcome
Application granted
Legal Topics
['working With Children Check' 'risk Assessment' 'public Interest' 'criminal History Assessment']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'risk Assessment' 'public Interest' 'criminal History Assessment']

Case Brief

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Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ['Whether the applicant poses an unacceptable risk to the safety of children under the Child Protection (Working with Children) Act 2012' 'Whether the applicant should be treated as a disqualified person for the purposes of the Act' 'Whether a Working with Children Check clearance should be granted']

Ratio Decidendi

The applicant's offending was related to alcohol, has not involved children, applicant has shown genuine remorse, committed to rehabilitation, and expert evidence supports that the applicant does not pose an unacceptable risk to children. Therefore, the applicant should not be treated as a disqualified person and is entitled to a Working with Children Check clearance.

Court Disposition

Application granted

Orders

  • ['The applicant is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of the offence of assault with an act of indecency.' "The Children's Guardian is to grant the applicant a Working with Children Check clearance"]