DLL v Children’s Guardian [2019] NSWCATAD 232

DLL v Children’s Guardian [2019] NSWCATAD 232

The Tribunal granted an extension of time because the application was only 37 days late, the respondent did not oppose the explanation given, and granting leave advanced the just, quick and cheap resolution of the real issues. On the substantive review, after assessing the three domestic violence incidents, the Tribunal found that the first incident involved low-end physical and verbal conduct in the context of acrimonious marital discord, that only the text-message offence was made out in relation to the second incident and did not demonstrate risk to children, and that the complainant's account in the third incident was unreliable. Considering all s 30 factors, the cumulative material...

Jurisdiction
Australia
Judgment Date
06 November 2019
Procedural Posture
Administrative Review of Decision Cancelling Working With Children Check Clearance / Principal Judgment
Outcome
Application for review allowed; extension of time granted; cancellation decision set aside; Working with Children Check Clearance ordered to be reinstated.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'real and Appreciable Risk to the Safety of Children' 'extension of Time' 'domestic Violence Allegations' 'merits Review']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'real and Appreciable Risk to the Safety of Children' 'extension of Time' 'domestic Violence Allegations' 'merits Review']

Case Brief

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Procedural Posture

Administrative Review of Decision Cancelling Working With Children Check Clearance / Principal Judgment

Legal Issues

  1. 1 ['Whether leave should be granted to extend the time for the applicant to file his application for administrative review.' 'Whether the applicant poses a real and appreciable risk to the safety of children if granted a Working with Children Check Clearance.' "Whether the decision cancelling the applicant's Working with Children Check Clearance should be set aside." 'Whether a reasonable person would allow his or her child to have unsupervised direct contact with the applicant while engaged in child-related work and whether reinstatement is in the public interest.']

Ratio Decidendi

The Tribunal granted an extension of time because the application was only 37 days late, the respondent did not oppose the explanation given, and granting leave advanced the just, quick and cheap resolution of the real issues. On the substantive review, after assessing the three domestic violence incidents, the Tribunal found that the first incident involved low-end physical and verbal conduct in the context of acrimonious marital discord, that only the text-message offence was made out in relation to the second incident and did not demonstrate risk to children, and that the complainant's account in the third incident was unreliable. Considering all s 30 factors, the cumulative material...

Court Disposition

Application for review allowed; extension of time granted; cancellation decision set aside; Working with Children Check Clearance ordered to be reinstated.

Orders

  • ["Leave is granted to extend the time for the applicant to file his application seeking review of the decision of the Children's Guardian dated 2 March 2018 cancelling the applicant's working with children check clearance to 7 May 2018." "The decision of the Children's Guardian dated 2 March 2018 cancelling the...