DKR v Children’s Guardian [2019] NSWCATAD 72

DKR v Children’s Guardian [2019] NSWCATAD 72

The Tribunal was not satisfied, on the material before it, that the applicant currently poses a real and appreciable risk to the safety of children. The offences from 2011 were not proven to the civil standard of proof, and substantial evidence, including psychological assessment, established that the applicant has since matured, shown low risk of sexual violence, and has demonstrated a stable and prosocial lifestyle. Accordingly, the decision to refuse the working with children check clearance was set aside and a clearance granted.

Parties
Applicant: DKR; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
30 April 2019
Procedural Posture
Administrative Review / Final Decision
Outcome
Application allowed; original decision set aside; clearance granted.
Legal Topics
Working With Children Check, Risk Assessment, Sexual Offences Allegation, Administrative Review
Child Protection Administrative Law Working With Children Check Risk Assessment Sexual Offences Allegation Administrative Review

Case Brief

Summary, issues, holding and outcome

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Parties

DKR

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children for the purposes of a working with children check clearance
  2. 2 Whether a reasonable person would allow their child to have direct contact with the applicant unsupervised while engaged 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 material before it, that the applicant currently poses a real and appreciable risk to the safety of children. The offences from 2011 were not proven to the civil standard of proof, and substantial evidence, including psychological assessment, established that the applicant has since matured, shown low risk of sexual violence, and has demonstrated a stable and prosocial lifestyle. Accordingly, the decision to refuse the working with children check clearance was set aside and a clearance granted.

Court Disposition

Application allowed; original decision set aside; clearance granted.

Orders

  • The decision of the respondent, made on 2 March 2018, to refuse the applicant application for a working with children check clearance is set aside.
  • In substitution for the decision of the respondent, the following decision is made: the applicant is granted a working with children check clearance.