DJM v Children's Guardian [2018] NSWCATAD 298

DJM v Children's Guardian [2018] NSWCATAD 298

The Tribunal found, on the balance of probabilities and after considering all evidence and required statutory criteria, that the applicant does not pose a real and appreciable risk to the safety of children and should be granted a Working With Children Check clearance, as neither the allegations nor prior conduct warranted maintaining the cancellation.

Jurisdiction
Australia
Judgment Date
21 December 2018
Procedural Posture
Administrative Review / Hearing and Determination
Outcome
Decision of the Children's Guardian to cancel the applicant's Working With Children Check clearance is set aside. The respondent is to grant the applicant a Working With Children Check clearance.
Legal Topics
['working With Children Check' 'risk Assessment' 'sexual Misconduct Allegations' 'administrative Review' 'domestic Violence Allegations']
['administrative Law' 'employment Law' 'child Protection Law'] ['working With Children Check' 'risk Assessment' 'sexual Misconduct Allegations' 'administrative Review' 'domestic Violence Allegations']

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Procedural Posture

Administrative Review / Hearing and Determination

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children under the Child Protection (Working with Children) Act 2012 (NSW)' "Whether the decision to cancel the applicant's Working With Children Check clearance should be set aside and a clearance granted"]

Ratio Decidendi

The Tribunal found, on the balance of probabilities and after considering all evidence and required statutory criteria, that the applicant does not pose a real and appreciable risk to the safety of children and should be granted a Working With Children Check clearance, as neither the allegations nor prior conduct warranted maintaining the cancellation.

Court Disposition

Decision of the Children's Guardian to cancel the applicant's Working With Children Check clearance is set aside. The respondent is to grant the applicant a Working With Children Check clearance.

Orders

  • ["The decision of the Children's Guardian dated 13 February 2018 to cancel the applicant's Working With Children Check clearance is set aside." 'In substitution, the respondent is to grant the applicant a Working With Children Check clearance.']