DVR v Children’s Guardian [2021] NSWCATAD 223

DVR v Children’s Guardian [2021] NSWCATAD 223

On the evidence, the Tribunal was not satisfied that the applicant sexually assaulted any of the alleged victims or posed a real and appreciable risk to the safety of children. The applicant had no criminal convictions, prior good character, was considered trustworthy by referees, and expert evidence identified no features suggesting he would be a danger to children. It was found that a reasonable person would allow their child to have unsupervised contact with the applicant in a child-related work context, and that granting clearance was in the public interest.

Jurisdiction
Australia
Judgment Date
30 July 2021
Procedural Posture
Administrative Review / Hearing and Decision
Outcome
Application allowed; decision set aside; clearance granted
Legal Topics
['working With Children Check Clearance' 'risk to Children' 'administrative Review' 'sexual Assault Allegations']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk to Children' 'administrative Review' 'sexual Assault Allegations']

Case Brief

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Procedural Posture

Administrative Review / Hearing and Decision

Legal Issues

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

Ratio Decidendi

On the evidence, the Tribunal was not satisfied that the applicant sexually assaulted any of the alleged victims or posed a real and appreciable risk to the safety of children. The applicant had no criminal convictions, prior good character, was considered trustworthy by referees, and expert evidence identified no features suggesting he would be a danger to children. It was found that a reasonable person would allow their child to have unsupervised contact with the applicant in a child-related work context, and that granting clearance was in the public interest.

Court Disposition

Application allowed; decision set aside; clearance granted

Orders

  • ["The decision of the respondent dated 18 April 2019 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.']