DMA v Children's Guardian [2019] NSWCATAD 63

DMA v Children's Guardian [2019] NSWCATAD 63

The Tribunal determined that the evidence, including substantiated allegations and patterns of behaviour, established that the applicant poses an unacceptable and real risk to the safety of children. As the protection of children is paramount under the Act, and the risk cannot be sufficiently disproven, the decision to cancel the Working with Children Check Clearance must be confirmed. Conditions cannot be imposed on a clearance, and the applicant does not satisfy the requirements for reinstatement.

Jurisdiction
Australia
Judgment Date
16 April 2019
Procedural Posture
Administrative Review / Final Determination, Merits Review
Outcome
Application dismissed; decision confirmed
Legal Topics
['working With Children Check' 'risk Assessment' 'cancellation of Clearance' 'protective Jurisdiction' 'publication Restriction']
['administrative Law' 'child Protection Law'] ['working With Children Check' 'risk Assessment' 'cancellation of Clearance' 'protective Jurisdiction' 'publication Restriction']

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Procedural Posture

Administrative Review / Final Determination, Merits Review

Legal Issues

  1. 1 ["Whether the decision to cancel the applicant's Working with Children Check Clearance should be confirmed" 'Whether the applicant poses an unacceptable risk to the safety of children' 'Whether there is a real and appreciable risk of harm to children' 'Whether the applicant should be granted a clearance subject to conditions under the Act']

Ratio Decidendi

The Tribunal determined that the evidence, including substantiated allegations and patterns of behaviour, established that the applicant poses an unacceptable and real risk to the safety of children. As the protection of children is paramount under the Act, and the risk cannot be sufficiently disproven, the decision to cancel the Working with Children Check Clearance must be confirmed. Conditions cannot be imposed on a clearance, and the applicant does not satisfy the requirements for reinstatement.

Court Disposition

Application dismissed; decision confirmed

Orders

  • ["The decision of the Children's Guardian on 1 June 2018 to cancel the applicant's Working with Children Check clearance under section 23 of the Child Protection (Working with Children) Act 2012 (NSW) is confirmed." 'With the exception of expert witnesses and officers of government agencies, the publication or...