DTV v Children’s Guardian [2019] NSWCATAD 244

DTV v Children’s Guardian [2019] NSWCATAD 244

Despite the applicant's historical criminal record and history of apprehended violence orders, the evidence demonstrated substantial rehabilitation and personal transformation over the past decade. The Tribunal found no current real and appreciable risk to children, and that a reasonable person would permit unsupervised child contact. It is also in the public interest to grant the clearance, given the applicant’s valued role and psychological support.

Parties
Applicant: DTV; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
03 December 2019
Procedural Posture
Application for Review of Administrative Decision / Final Decision
Outcome
Decision in favour of the applicant; original decision set aside.
Legal Topics
Working With Children Check Clearance, Risk Assessment, Apprehended Violence Orders, Criminal Record, Public Interest in Child Safety
Administrative Law Child Protection Equal Opportunity Law Working With Children Check Clearance Risk Assessment Apprehended Violence Orders Criminal Record Public Interest in Child Safety

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Parties

DTV

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for Review of Administrative Decision / Final Decision

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children
  2. 2 Whether a reasonable person would allow the applicant to have direct, unsupervised contact with their children
  3. 3 Whether it is in the public interest to grant the applicant a working with children check clearance

Ratio Decidendi

Despite the applicant's historical criminal record and history of apprehended violence orders, the evidence demonstrated substantial rehabilitation and personal transformation over the past decade. The Tribunal found no current real and appreciable risk to children, and that a reasonable person would permit unsupervised child contact. It is also in the public interest to grant the clearance, given the applicant’s valued role and psychological support.

Court Disposition

Decision in favour of the applicant; original decision set aside.

Orders

  • The decision of the respondent dated 30 January 2018 to cancel the applicant's working with children check clearance is set aside.
  • In substitution, the applicant is to be granted a working with children check clearance.