DPG v Children’s Guardian [2019] NSWCATAD 160

DPG v Children’s Guardian [2019] NSWCATAD 160

The Applicant did not discharge the onus of rebutting the presumption that he poses a risk to the safety of children. The Tribunal gave weight to the seriousness of the disqualifying offence, his lengthy history of violent offending including domestic violence, further assault convictions after the disqualifying offence and after his claimed abstinence from alcohol and religious change, the limited supporting evidence from persons close to him, and the insufficiency of general character references. The Tribunal was also not satisfied that a reasonable person would allow direct unsupervised contact with their child while the Applicant was engaged in child-related work or that making an...

Jurisdiction
Australia
Judgment Date
14 August 2019
Procedural Posture
Administrative Review Application for an Enabling Order Under S 28 of the Child Protection (working With Children) Act 2012 (nsw) Following Refusal of a Working With Children Check Clearance / Decision After Hearing Affirming the Children's Guardian's Decision
Outcome
The decision of the Children's Guardian made on 19 September 2018 not to grant the Applicant a Working with Children Check clearance is affirmed.
Legal Topics
['working With Children Check Clearance' 'enabling Order' 'disqualified Person' 'disqualifying Offence' 'risk to the Safety of Children' 'public Interest']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'enabling Order' 'disqualified Person' 'disqualifying Offence' 'risk to the Safety of Children' 'public Interest']

Case Brief

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Procedural Posture

Administrative Review Application for an Enabling Order Under S 28 of the Child Protection (working With Children) Act 2012 (nsw) Following Refusal of a Working With Children Check Clearance / Decision After Hearing Affirming the Children's Guardian's Decision

Legal Issues

  1. 1 ['Whether the Applicant should be granted an enabling order declaring that he is not to be treated as a disqualified person for the purposes of the Child Protection (Working with Children) Act 2012 (NSW).' 'Whether the Applicant rebutted the statutory presumption that he poses a risk to the safety of children.' 'Whether a reasonable person would allow his or her child to have direct unsupervised contact with the Applicant while engaged in child-related work.' 'Whether making an enabling order would be in the public interest.']

Ratio Decidendi

The Applicant did not discharge the onus of rebutting the presumption that he poses a risk to the safety of children. The Tribunal gave weight to the seriousness of the disqualifying offence, his lengthy history of violent offending including domestic violence, further assault convictions after the disqualifying offence and after his claimed abstinence from alcohol and religious change, the limited supporting evidence from persons close to him, and the insufficiency of general character references. The Tribunal was also not satisfied that a reasonable person would allow direct unsupervised contact with their child while the Applicant was engaged in child-related work or that making an...

Court Disposition

The decision of the Children's Guardian made on 19 September 2018 not to grant the Applicant a Working with Children Check clearance is affirmed.

Orders

  • ["The decision of the Children's Guardian made on 19 September 2018 not to grant the Applicant a Working with Children Check clearance is affirmed."]