DTX v Children’s Guardian [2020] NSWCATAD 90

DTX v Children’s Guardian [2020] NSWCATAD 90

Based on the evidence, including the acquittal, the length of time since the incident without further allegations or complaints, positive expert and personal references, and the absence of risk factors, the Tribunal is not satisfied that the applicant poses a real and appreciable risk to the safety of children, and it is in the public interest to grant a working with children check clearance.

Parties
Applicant: DTX; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
24 March 2020
Procedural Posture
Administrative Review / Merits Review; Final Decision
Outcome
Application allowed; original refusal set aside; clearance granted
Legal Topics
Working With Children Check Clearance, Risk to Safety of Children, Administrative Review, Public Interest, Burden of Proof in Tribunal Proceedings
Administrative Law Child Protection Equal Opportunity Working With Children Check Clearance Risk to Safety of Children Administrative Review Public Interest Burden of Proof in Tribunal Proceedings

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 8 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

DTX

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Merits Review; Final Decision

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to the safety of children if granted a working with children check clearance
  2. 2 Whether the applicant should be granted a working with children check clearance under the Child Protection (Working with Children) Act 2012

Ratio Decidendi

Based on the evidence, including the acquittal, the length of time since the incident without further allegations or complaints, positive expert and personal references, and the absence of risk factors, the Tribunal is not satisfied that the applicant poses a real and appreciable risk to the safety of children, and it is in the public interest to grant a working with children check clearance.

Court Disposition

Application allowed; original refusal set aside; clearance granted

Orders

  • The decision of the Children's Guardian dated 27 April 2016 to refuse to grant the applicant a working with children check clearance is set aside.
  • In substitution for that decision, the applicant is granted a working with children check clearance.