DMF v Children’s Guardian [2019] NSWCATAD 2

DMF v Children’s Guardian [2019] NSWCATAD 2

The Tribunal found that the applicant does not pose a real and appreciable risk to the safety of children, taking into account his acquittal, the lack of positive findings regarding the allegations, the absence of a criminal record, character references, and expert psychiatric evidence. Accordingly, the applicant is entitled to a working with children check clearance under the Child Protection (Working with Children) Act 2012.

Parties
Applicant: DMF; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
02 January 2019
Procedural Posture
Administrative Law Review / Final Merits Decision
Outcome
Applicant's review allowed; original refusal decision set aside; working with children check clearance granted.
Legal Topics
Working With Children Check Clearance, Risk Assessment, Public Interest, Reasonable Person Test
Administrative Law Child Protection Equal Opportunity Working With Children Check Clearance Risk Assessment Public Interest Reasonable Person Test

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

DMF

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Law Review / Final Merits Decision

Legal Issues

  1. 1 Whether applicant poses a real and appreciable risk to the safety of children
  2. 2 Whether a reasonable person would allow direct unsupervised contact between applicant and their children
  3. 3 Whether granting clearance is in the public interest

Ratio Decidendi

The Tribunal found that the applicant does not pose a real and appreciable risk to the safety of children, taking into account his acquittal, the lack of positive findings regarding the allegations, the absence of a criminal record, character references, and expert psychiatric evidence. Accordingly, the applicant is entitled to a working with children check clearance under the Child Protection (Working with Children) Act 2012.

Court Disposition

Applicant's review allowed; original refusal decision set aside; working with children check clearance granted.

Orders

  • The decision of the respondent dated 6 June 2018 to refuse the applicant's working with children check clearance is set aside.
  • The applicant is granted a working with children check clearance.