DOM v Children’s Guardian [2019] NSWCATAD 24

DOM v Children’s Guardian [2019] NSWCATAD 24

Although the disqualifying offence was serious and placed DOM's child at grave risk, DOM had no further criminal charges, had completed the good behaviour bond without incident, had cooperated with FACS and Probation and Parole, was assessed as low risk, showed genuine remorse and insight, had significantly improved her circumstances and supports, and the likelihood of repetition was very low. The Tribunal was satisfied that DOM did not pose a real and appreciable risk to the safety of children, that the reasonable person test and public interest test were satisfied, and that the correct decision was to grant an enabling order and require the Children's Guardian to grant a Working with...

Jurisdiction
Australia
Judgment Date
06 February 2019
Procedural Posture
Application for an Enabling Order Under S 28 of the Child Protection (working With Children) Act 2012 (nsw) and Working With Children Check Clearance / Decision After Hearing
Outcome
Application allowed; enabling order made and Working with Children Check clearance ordered to be granted.
Legal Topics
['working With Children Check Clearance' 'disqualified Person' 'risk to the Safety of Children' 'kinship Care']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'disqualified Person' 'risk to the Safety of Children' 'kinship Care']

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Procedural Posture

Application for an Enabling Order Under S 28 of the Child Protection (working With Children) Act 2012 (nsw) and Working With Children Check Clearance / Decision After Hearing

Legal Issues

  1. 1 ['Whether DOM should be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 (NSW) in respect of the offence under section 43 of the Crimes Act 1900 (NSW).' 'Whether DOM established on the balance of probabilities that she does not pose an unacceptable risk to the safety of children.' "Whether the Children's Guardian should be ordered to grant DOM a Working with Children Check clearance."]

Ratio Decidendi

Although the disqualifying offence was serious and placed DOM's child at grave risk, DOM had no further criminal charges, had completed the good behaviour bond without incident, had cooperated with FACS and Probation and Parole, was assessed as low risk, showed genuine remorse and insight, had significantly improved her circumstances and supports, and the likelihood of repetition was very low. The Tribunal was satisfied that DOM did not pose a real and appreciable risk to the safety of children, that the reasonable person test and public interest test were satisfied, and that the correct decision was to grant an enabling order and require the Children's Guardian to grant a Working with...

Court Disposition

Application allowed; enabling order made and Working with Children Check clearance ordered to be granted.

Orders

  • ['DOM is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 in respect of the offence under section 43 of the Crimes Act 1900 (NSW).' "The Children's Guardian is to grant the applicant a Working with Children Check clearance."]