DLF v Children’s Guardian [2019] NSWCATAD 110

DLF v Children’s Guardian [2019] NSWCATAD 110

On the balance of probabilities, the Tribunal found that the applicant does not pose a real and appreciable risk to the safety of children, as allegations of indecent assault and domestic violence were not proven, issues of alcohol intake no longer relevant, and the applicant's long, complaint-free career supported by credible character evidence. A reasonable person would allow unsupervised contact with the applicant, and it is in the public interest to grant clearance.

Jurisdiction
Australia
Judgment Date
07 June 2019
Procedural Posture
Application for Review of Administrative Decision / Final Decision After Hearing
Outcome
Application granted. Decision cancelling working with children check clearance set aside.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'criminal Allegations' 'public Interest' 'reasonable Person Test']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check Clearance' 'risk Assessment' 'criminal Allegations' 'public Interest' 'reasonable Person Test']

Case Brief

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Procedural Posture

Application for Review of Administrative Decision / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children' 'Whether a reasonable person would allow unsupervised contact with applicant' 'Whether it is in the public interest to grant a working with children check clearance']

Ratio Decidendi

On the balance of probabilities, the Tribunal found that the applicant does not pose a real and appreciable risk to the safety of children, as allegations of indecent assault and domestic violence were not proven, issues of alcohol intake no longer relevant, and the applicant's long, complaint-free career supported by credible character evidence. A reasonable person would allow unsupervised contact with the applicant, and it is in the public interest to grant clearance.

Court Disposition

Application granted. Decision cancelling working with children check clearance set aside.

Orders

  • ["The decision of the respondent dated 15 March 2018 to cancel the applicant's working with children check clearance is set aside." 'The applicant is to be granted a working with children check clearance.']