DVV v Children’s Guardian [2020] NSWCATAD 237

DVV v Children’s Guardian [2020] NSWCATAD 237

On the balance of probabilities, the Tribunal finds DVV does not pose a real and appreciable risk to the safety and wellbeing of children. The evidence establishes he has addressed the factors (alcohol, violence, emotional dysregulation) that led to past offending and has shown significant improvement. Thus, the Tribunal sets aside the respondent’s decision and orders that DVV be granted a Working with Children Check Clearance.

Parties
Applicant: DVV; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
23 September 2020
Procedural Posture
Administrative Review / Principal Judgment
Outcome
Decision of Children's Guardian refusing the clearance is set aside; applicant granted Working with Children Check Clearance.
Legal Topics
Working With Children Check Clearance, Risk Assessment, Domestic Violence, Merits Review
Administrative Law Child Protection Equal Opportunity Working With Children Check Clearance Risk Assessment Domestic Violence Merits Review

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 7 Authorities cited 31 Party arguments 2
Sign in to unlock

Parties

DVV

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Principal Judgment

Legal Issues

  1. 1 Does DVV pose a real and appreciable risk to the safety of children?
  2. 2 Should DVV be granted a Working with Children Check Clearance?
  3. 3 Does the balance of probabilities indicate that DVV no longer poses a risk to children?

Ratio Decidendi

On the balance of probabilities, the Tribunal finds DVV does not pose a real and appreciable risk to the safety and wellbeing of children. The evidence establishes he has addressed the factors (alcohol, violence, emotional dysregulation) that led to past offending and has shown significant improvement. Thus, the Tribunal sets aside the respondent’s decision and orders that DVV be granted a Working with Children Check Clearance.

Court Disposition

Decision of Children's Guardian refusing the clearance is set aside; applicant granted Working with Children Check Clearance.

Orders

  • The decision of the Children's Guardian dated 18 April 2019 refusing to grant the applicant a working with children check clearance is set aside.
  • The Children's Guardian shall grant a Working with Children Check Clearance to the applicant forthwith.