DVI v Children’s Guardian [2020] NSWCATAD 150

DVI v Children’s Guardian [2020] NSWCATAD 150

The Tribunal found, on the balance of probabilities, that DVI did not inflict the alleged injuries on child A and is not a real and appreciable risk to the safety of children. Evidence established that child B was the likely cause of the injuries, the investigation by FACS and associated evidence was unreliable due to bias, and a reasonable person would allow unsupervised contact with DVI in child-related work. The public interest also favoured granting DVI a working with children check clearance.

Parties
Applicant: DVI; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
11 June 2020
Procedural Posture
Administrative Review / Merits Review and Orders
Outcome
Application allowed; decision set aside and substituted
Legal Topics
Working With Children Check, Merits Review, Risk Assessment, Child Abuse Allegations, Protective Jurisdiction
Administrative Law Child Protection Law Working With Children Check Merits Review Risk Assessment Child Abuse Allegations Protective Jurisdiction

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 5 Authorities cited 32 Party arguments 2
Sign in to unlock

Parties

DVI

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Merits Review and Orders

Legal Issues

  1. 1 Whether DVI poses a real and appreciable risk to the safety of children
  2. 2 Whether the decision to cancel DVI's working with children check clearance should be set aside

Ratio Decidendi

The Tribunal found, on the balance of probabilities, that DVI did not inflict the alleged injuries on child A and is not a real and appreciable risk to the safety of children. Evidence established that child B was the likely cause of the injuries, the investigation by FACS and associated evidence was unreliable due to bias, and a reasonable person would allow unsupervised contact with DVI in child-related work. The public interest also favoured granting DVI a working with children check clearance.

Court Disposition

Application allowed; decision set aside and substituted

Orders

  • Leave is granted for the filing of the application to 24 April 2019.
  • The decision of the Children's Guardian dated 18 March 2019 cancelling the applicant's working with children check clearance is set aside.